Differences Between Personal Injury Cases and Wrongful Death Claims
Wrongful death and personal injury cases are similar. However, they aren’t the same and arise out of two different situations.
What is a Wrongful Death Claim?
A wrongful death claim is a legal case filed by the surviving family members of someone who lost their life due to negligence.
What is a Personal Injury Case?
A personal injury case occurs when someone’s negligence leads to injuries. It’s usually filed by the person who suffered the injury. A wrongful death case can be a type of personal injury case. Other types of personal injury cases may include car accidents, a slip and fall, truck accidents, or workplace accidents.
Similarities Between Wrongful Death and Personal Injury
One of the biggest similarities between wrongful death and personal injury is the important component of negligence. Negligence is typically a part of both types of cases. Additionally, both wrongful death and personal injury cases require four elements to be present. Both require that the responsible person owed the injured or deceased a legal duty of care. That person must have also breached that duty of care. This usually occurs through negligence.
The responsible person’s negligence must have been the cause of the accident and the inflicted injuries. Finally, there must be actual damages that can be compensated through a case. There are also similarities between the state’s statute of limitations for each case type. New Jersey allows just two years from the date of the accident to file a case. Exceeding this timeline can make you ineligible for compensation, even if you have a strong case.
Differences Between Wrongful Death and Personal Injury
There are also a few key differences between wrongful death and personal injury. For one, the injured person usually files a personal injury case against the negligent person. In a wrongful death case, a family member files a case against the negligent person.
There are also differences in the types of costs you can recover with each case type. A personal injury case allows you to recover costs like:
- Medical costs
- Lost wages
- Pain and suffering
- Medical equipment costs
The goal in a personal injury case is to collect compensation to help you recover and recoup what you have already spent.
A wrongful death claim allows you to recover costs like:
- Medical bills
- Funeral costs
- Loss of future earnings
- Loss of parental companionship
A wrongful death claim aims to help the deceased’s family cover the related costs. It may also help the family move on without the financial or emotional support of the victim.
Wrongful death claims also don’t follow the traditional innocent until guilty stance. Instead, there’s a preponderance of evidence to the case. There can be differences in each case’s severity and damage value, but this is not always true. Some personal injury cases may be minor, including a few days or weeks of medical care and time off work. Others, however, may lead to lifelong disabilities or disfigurement, which can be just as costly as a wrongful death claim.
The legal process is similar for each type of case. For both, it’s also a good idea to work with a personal injury lawyer to maximize your compensation.
Contact a Personal Injury Lawyer Near You to Discuss Your Accident Case/Wrongful Death Claim in New Jersey
Were you or a loved one injured as a result of someone else’s negligence in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured in Brick, Westfield, Aberdeen, Asbury Park, East Freehold, Colts Neck Township, Rumson, and throughout Monmouth County, Ocean County, Union County, and Middlesex County, NJ. Call (732) 576-8860 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 3315 Route 35, Hazlet, NJ 07730 as well as offices in Red Bank, Brick, and Westfield.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
