There are several complex legal matters that can impact you and your loved ones. As such, if you or someone you love has sustained injuries, either fatal or non-fatal, understanding the avenues you can use to seek justice on their behalf is critical. Because wrongful death is a kind of personal injury claim, many are unsure of the differences or which one they need to file. As such, if you are unsure of your options, the following blog and personal injury attorneys in Baltimore County can help you pursue the right avenue to fight for the compensation you deserve.
What Are the Main Differences Between a Personal Injury and a Wrongful Death Claim?
As mentioned, wrongful death is a kind of personal injury claim in which you’ll need to prove that the other party’s negligent actions caused the death of your loved one, just as you would need to prove their negligence led directly to an injury. However, there are significant differences between the two types of cases.
The main difference between a personal injury claim and a wrongful death claim is who the victim is and who can file. When someone sustains a non-fatal injury, they are eligible to file a lawsuit on their own behalf. The only instance in which someone else may file a personal injury lawsuit for another person is if a minor child is injured, and their parents file for them. However, a wrongful death claim is filed by the family of a deceased individual when they are fatally injured by the negligence of another person.
Another considerable difference between these two is the damages sought. When you file a personal injury claim, you’re refocusing on the damages directly related to the injury, like medical bills, emotional damages, or lost wages. However, in a wrongful death claim, the focus is on the losses suffered by the family, as they will seek justice for the loss of companionship and the income loss if their loved one was a primary contributor to the family’s income.
Is the Statute of Limitations the Same?
The statute of limitations, which is the time in which you have to pursue a claim against another party before you lose your right to seek compensation, for a personal injury and wrongful death claim, is the same. You will have three years from the date of the accident, whether it be a car accident that left you with a traumatic brain injury, or from the date on which the wrongful death happened, to file a claim against the negligent party.
It’s important to understand that there are some exceptions, especially in cases of medical malpractice, where the injured party may not have realized the extent of their injuries until months or years after the fact. If this is the case, the statute of limitations will start on the date the injury was or should have been discovered.
As you can see, navigating a lawsuit against a negligent party for the wrongful death of a loved one or for causing injuries can be incredibly complex. That’s why the team at the Law Offices of Markey & Orsi will do everything possible to assist you in these difficult matters. Our team understands how difficult these matters can be, which is why we are dedicated to assisting you in the fight for justice. Contact us today to learn more.
