After a car or other type of accident where someone is injured or killed, seeking justice and compensation is a natural desire. Depending on the situation and details of the circumstances the U.S. legal system offers two options: a wrongful death claim and a personal injury claim. While the two are similar, there are distinct differences in the processes and purposes of each. If you or someone you know was affected by an accident then understanding the differences between the two can help you make important decisions regarding your legal options. Consult with an experienced New York injury lawyer for more information and representation during your case.
What is a Personal Injury Claim?
A personal injury claim can be filed when an individual sustains harm and injuries due to another person’s negligence, recklessness, or purposeful actions. Important characteristics of a personal injury claim include the following.
- The plaintiff, or individual filing the lawsuit, is the injured individual
- The plaintiff has the burden of proving that the defendant was responsible for their injury
- These claims focus on providing the injured person with compensation for their medical expenses, lost wages, pain and suffering, vehicle repairs, and other emotional or financial losses
Personal injury claims can involve a wide range of injuries from minor to severe or life-threatening. The point of this lawsuit is to help the injured victim recover their health and receive compensation to allow them to maintain financial stability in the aftermath of the accident.
What is a Wrongful Death Claim?
A wrongful death claim, on the other hand, is a type of legal action filed by the surviving family or loved ones of an individual who died as a result of another person’s negligent, reckless, or purposeful actions.
The main difference between a wrongful death claim and a personal injury claim is that the victim is unfortunately no longer alive to file the claim themselves. Instead, family members like a spouse, child, or parent are able to file the lawsuit on behalf of the deceased party.
In this situation, the plaintiff is a surviving family member or representative of the departed individual. The plaintiff still has the burden of proof but they will demonstrate how the defendant was responsible for the death of the victim through their actions.
In a wrongful death claim, the damages awarded are used to compensate the surviving family for their emotional suffering, loss of companionship, loss of financial support, funeral expenses, and other costs associated with the accident.
While personal injury claims focus on the injured individual’s suffering and financial losses, wrongful death claims aim to address the various financial and emotional impacts of losing a loved one.
Understanding the key differences between these two legal processes is important to ensure you can make an informed decision after an accident. Work with a skilled personal injury attorney for more information and legal advice.
