Legal terms can be confusing for those who do not have legal expertise or experience. The terms can be even more confusing when they are misused. When it comes to wrongful death cases, many people are confused if a wrongful death case is the same as a personal injury case. While the two both fall under the personal injury umbrella and personal injury attorneys often handle both personal injury and wrongful death cases, they are two different types of lawsuits. Here is more information as to whether a personal injury case can also be a wrongful death case.
Can a Personal Injury Case Also Be a Wrongful Death Case?
A personal injury case is a legal dispute that stems from someone being injured as the result of someone’s actions or negligence. In other words, someone is injured and someone else played a role in those injuries, giving the injured party some legal recourse to seek compensation for the injuries from the party at fault. A wrongful death claim is very similar to a personal injury claim. However, instead of the party simply being injured, they have passed away from the injuries that they sustained.
When it comes to both personal injury cases and wrongful death cases, there are many similarities. This includes the types of incidents and accidents that are covered, as well as the steps that are taken to show who is responsible and why. However, the biggest difference between the two is death. A personal injury claim is filed by the injured party themselves unless they are under the age of 18 or legally incompetent to bring a case about themselves. A wrongful death case is filed by the family of the deceased, usually their spouse or children.
What Can Be Recovered in a Wrongful Death Case Versus a Personal Injury Case?
When either a personal injury case or wrongful death case is filed, a party is looking to recover money related to the accident that left someone injured or deceased. In a personal injury case, the injured party can work to recover money related to lost wages, past, current, and future medical expenses, pain and suffering, property damage, loss of future earning capacity, and possibly punitive damages. For wrongful death cases, the family of the deceased may be able to recover money for medical expenses that were incurred prior to the injured party passing away, funeral and burial expenses, loss of income or financial contributions, and potential compensation for grief and loss of companionship.
One of the reasons why people ask if a personal injury case can be a wrongful death case is because they incorrectly believe that a personal injury case can be used to recover money for ambulance bills or hospital expenses that may have been incurred immediately after the accident and before an injured party passes away. They think that a wrongful death case only covers funeral and burial costs. However, this is incorrect, and a wrongful death case can be used to recover medical expenses prior to a party passing away, and as such, a personal injury case cannot be filed in conjunction with a wrongful death case.
What Types of Incidents or Accidents Are Covered by Wrongful Death Cases?
If your loved one was killed and someone else was to blame, you may be curious as to what types of incidents or accidents are covered by wrongful death cases. Many of the same types of incidents that are covered by personal injury cases are also covered by wrongful death laws. Some of the most common types of wrongful death cases stem from car accidents, motorcycle accidents, bicycle accidents, big rig accidents, and pedestrian accidents. Slip and fall injuries can lead to death if a brain injury is sustained. Severe dog bite cases can lead to death. Medical malpractice and nursing home neglect that leads to death fall under wrongful death cases. And death that is caused by a product failing to work properly or malfunctioning can lead to a wrongful death case being filed.
Why Is It Important to Hire an Attorney for a Wrongful Death Case?
If you have a loved one who has passed away, and you feel someone may be responsible for their death, it is important to consult with a personal injury attorney who specializes in wrongful death cases quickly. A wrongful death attorney can work to preserve evidence that is needed to show who was at fault and why. Proving fault is not always clear-cut, nor is it always easy. As such, having witnesses or subpoenaing camera footage that shows the accident can be vital to winning a case. A wrongful death attorney also knows the ins and outs of these types of cases and can help you to understand and guide you through the process. Lastly, attorneys are able to recover more money on average than people who attempt to file cases on their own.
While a personal injury case is not the same as a wrongful death case, most personal injury lawyers also handle wrongful death cases, as they are very similar. If you have a loved one who has passed away, and you feel someone else is responsible for their death, you may be able to file a wrongful death case. Mobile personal injury attorneys can work with you to determine if you have a case, collect evidence to prove your case, and help you to win your case. Personal injury lawyers work on a contingency basis, meaning they take their fees out of your award. This means that you do not need any money upfront to retain an attorney. Reach out to a local personal injury attorney today to learn how they can help you with a possible case.
