If you or a loved one have been in an accident, you know how devastating it can be. What’s more, some of them may result in an unintended death which will impact the surviving family members in many different ways. When this happens, the attorneys at Law Offices of Brown & Gessell have helped plenty of families deal with these tragedies and can help you understand the difference between filing a personal injury claim and a wrongful death lawsuit to recover the compensation to which you may be entitled. Read on to find out what that is.
What Is a Personal Injury Claim?
You may file a personal injury claim when the other party injured you due to their carelessness or negligence. These injuries call for medical attention and the victim files the claim in order to hold the negligent party liable for their injuries and request compensation for their damages and other losses.
Some types of accidents that may result in the victim filing a personal injury claim include birth injuries, construction accidents, slip and falls, and traffic accidents.
What Compensation Is Available in Personal Injury Claims?
When you file a personal injury claim, you are entitled to recover economic damages which may include your medical bills, the income you have lost while being unable to go back to work, the cost of therapies and medical equipment, and more. You may also recover non-economic damages which are harder to quantify and may include pain and suffering, PTSD, emotional distress, loss of enjoyment of life, and others. Your personal injury attorney can help you put a value on them and may also fight to get you punitive damages.
What Is a Wrongful Death Claim?
You may file a wrongful death claim when a loved one has lost their life due to the negligent actions or inactions of someone else. When this happens, the surviving family members have a right to recover compensation to cover their losses.
The type of damages that the close relatives may be awarded depend on each individual case. However, working with an experienced wrongful death attorney you and your loved ones may be entitled to receive compensation for items such as:
- The medical expenses dealing with the deceased final injury
- Cremation, burial, and funeral expenses
- Financial support that the victim contributed to the family
- Loss of inheritance for the survivors
- Pain and suffering that the deceased experienced before their death
To be eligible to file a wrongful death claim, you have to be either the executor of the estate of the victim or their personal representative. In some states, you may also file a claim if you are a close relative of the deceased such as their surviving spouse or children.
There is a time limit to file a wrongful death claim which is why it is so important to reach out to an experienced attorney as soon as possible to allow them to prepare a strong case for the defense.