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Wrongful Death Lawsuit or Personal Injury Claim?

When a loved one has been taken away from you, through no fault of their own, the consequences are far reaching and beyond measurable. Your entire family is distraught, and your lives have been turned upside down. And the very fact that this could have all been avoided makes it even more unbearable. A wrongful death is defined as the following: when the death of a human being is a result of a wrongful act of another person. It’s this detail that makes the loss of a loved one even harder to contemplate.

Luckily, there is hope for those who are struggling in this exact situation. Wrongful death lawyers are trained in getting victims and families the justice and the compensation that they deserve. By filing a civil lawsuit and hiring an attorney with experience of cases in wrongful death, you can take a step forward towards healing through this difficult time.

Do you need a need a wrongful death lawyer? Click the link if you or your family need more information. So, what else do claimants need to know about this kind of civil lawsuit? Read on for some straightforward facts.

How is this different to a personal injury case?

The difference between a personal injury case and a wrongful death case is simple. In a personal injury case the victim is expected to or has survived the injuries they have sustained. Whereas as the victim in a wrongful death lawsuit has died as a direct result of the negligence or wrongful actions of someone else. In addition, if the victim had survived and they would have been eligible to file a personal injury case as a result of their injuries, then a wrongful death lawsuit is justified if the victim didn’t survive. Consider the following scenarios:

Manslaughter/Murder

If your loved one was attacked and as a result was killed, then you would be able to file a wrongful death claim, this would also run concurrently with the criminal case. If the victim had survived their injuries then they would have probably filed a personal injury case instead.

Medical malpractice

We should all be able to trust and feel comfortable around our doctors. But when things go wrong, attorneys get involved. If your loved one had a medical procedure that went wrong, was needlessly done, or as a result of poor care and they died, then that would be considered a wrongful death lawsuit. However, if the victim survived they would be able to file a personal injury claim and hold the medical team accountable that way instead.

Outright negligence

If your loved one was killed as a direct result of someone else’s negligence, whether that be a drunk driver or someone who didn’t adhere to safety rules in the workplace or in a public place then there would be grounds for a wrongful death lawsuit. However, if the victim survived then they would file a personal injury claim instead and receive compensation to help fund medical treatment and provide them with financial stability.


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