Personal injury and wrongful death are two distinct legal concepts involving harm or injury to an individual or group. While they may seem similar on the surface, there are significant differences between personal injury and wrongful death claims, including the nature of the harm, the legal remedies sought, and the parties involved. For more information, consider visiting Boston personal injury law firm.
Personal injury
It refers to physical, emotional, or psychological harm sustained by an individual due to someone else’s negligence or wrongdoing. Examples of personal injury include car accidents, medical malpractice, slip and fall accidents, and dog bites. In a personal injury claim, the injured individual (the plaintiff) seeks compensation from the person or entity responsible for the harm (the defendant) for damages such as medical expenses, lost wages, and pain and suffering.
Wrongful death
It refers to the death of an individual caused by the negligent or intentional actions of another person or entity. Like personal injury claims, wrongful death claims can arise from various circumstances, including car accidents, medical malpractice, and workplace accidents. However, in a wrongful death claim, the surviving family members or beneficiaries of the deceased individual bring the claim rather than the deceased individual themselves.
Difference
There are several key differences between personal injury and wrongful death claims. One of the main differences is the nature of the harm. Personal injury claims involve harm to the individual bringing the claim, while wrongful death claims involve the death of the individual. Another significant difference is the legal remedies sought. In a personal injury claim, the plaintiff seeks compensation for their own damages, such as medical expenses and lost wages. In a wrongful death claim, the plaintiff seeks compensation for the loss of the deceased individual’s support, services, and companionship, as well as for any medical expenses and funeral costs resulting from the death.
Involvement
Another important difference between personal injury and wrongful death claims is the parties involved. In a personal injury claim, the plaintiff is the individual injured, and the defendant is the person or entity responsible for the harm. In a wrongful death claim, the plaintiff is the surviving family member or beneficiary of the deceased individual, and the defendant is the person or entity responsible for the death.
Time frame
There are also differences in the time frame for bringing a claim. Personal injury claims generally have a statute of limitations and a time limit for bringing a lawsuit. The statute of limitations for personal injury claims varies by state but is typically between one and six years from the date of the injury. Wrongful death claims also have a statute of limitations, but it is usually longer than the time frame for personal injury claims. In some states, the statute of limitations for wrongful death claims is as long as two years from the date of death.