How Is A Wrongful Death Claim Different Than Regular Claims In Personal Injury Law?

Now, the truth is that the only thing that these claims have in common is that they both involve a certain extend of negligence. Apart from that, they are pretty different in a lot of fundamental ways such as:

·         The people entitled to file the claim

·         The term of the claim

·         The recoverable damages

·         The overall goal that the claim has

·         The harm which is being addressed and many more of the kind.

Addressing the loss and injuries

A regular personal injury claim is overly concerned with a person who has been injured because of the negligence of someone else. On the other hand, the wrongful death claim is concerned with the actual death of a person as a result of the negligence of a third party.

Basically, the wrongful death claim is only going to arise when the behavior that has caused the death in the first place would have provided actual grounds for a regular personal injury claim if the deceased had actually survived. So, a wrongful death claim could also be regarded as a personal injury claim which has been brought on behalf of the deceased.

Goal of the Claim

The overall goal of the wrongful death claim is to direct the cost which is associated with the death of the family member towards the person responsible for it. This includes funeral expenses. On the other hand, a regular claim has a goal of recovering the damages which were caused by the at-fault party conveniently. The

People Entitled to the Claim

Now, a wrongful death claim can only be filed by a person who is a representative of the estate of the deceased on behalf of the survivors such as children, siblings, parents, spouse and other relatives. If the deceased was a minor, the claim can be filed only by a parent or an appointed legal guardian. On the other hand, a regular personal injury claim can be filed only by the one who is actually injured unless he is under 18 years of age or mentally incapacitated – then the claim is filed by a representative or parents.

Recoverable Damages

The claims for wrongful death can recover the following damages:

·         Direct damages associated with funeral proceedings

·         Damages for loss of companionship

·         Direct damages for medical expenses incurred by the deceased

·         Damages for loss of income

As you can see, the differences are fundamental and they need to be taken into account. The claims might actually have the same intention but the merits are particularly different and they need to be accounted for accordingly. A wrongful death claim is particularly specific and that is why it is important to talk with a personal injury lawyer about the specifications of your case. From the medical reports to the other documents, you will need to show it all.