Personal injury claims and wrongful death claims are two types of tort cases that arise when a person is injured or dies due to the negligence or intentional act of another person, company, or other entity. In strict liability cases, negligence or intent is not required to bring a personal injury or wrongful death claim. If your loved one died, you may be wondering how a wrongful death claim is different from a personal injury claim. This blog will provide the answer. The easiest way to get reliable answers and sound legal advice regarding your particular case is to consult a personal injury lawyer. A New York City accident attorney from The Law Office of Richard M. Kenny can evaluate your situation for free and provide comprehensive guidance. Contact our firm to schedule a consultation.
How Do Personal Injury Claims and Wrongful Death Claims Differ?
There are two major differences between personal injury claims and wrongful death claims: who may file the claim and what kinds of damages they may recover. When it comes to personal injury cases, the actual accident victim is the one who brings the claim against the liable party.
If the victim died from the injuries, though, certain surviving family members can file a wrongful death claim against the individual or organization responsible for the incident. In the state of New York, potential plaintiffs in wrongful death cases include the spouse, parent, or child of the deceased or the personal representative of the estate.
Damages in Personal Injury Claims vs. Wrongful Death Claims
Accident victims filing a personal injury claim may recover compensation for past and future medical expenses, lost wages, property damage, loss of earning capacity, mental anguish, and pain and suffering. Additionally, their spouse may be able to recover compensation for loss of consortium. In rare cases involving especially reckless conduct or malicious behavior, punitive damages may also apply.
Plaintiffs in wrongful death lawsuits can seek compensation for:
- Hospital bills;
- Funeral and burial expenses;
- Lost income and benefits;
- Loss of anticipated inheritances;
- Loss of care, comfort, and companionship; and
- Pain and suffering.
Depending on the circumstances of the death, punitive damages may also apply.
Contact our Firm to Discuss Your Case with a New York City Personal Injury Lawyer
If you were hurt or lost a family member in a preventable accident and want to hold the liable party financially accountable, turn to a personal injury attorney at The Law Office of Richard M. Kenny. We have recovered more than $100 million for our valued clients in successful settlements and verdicts. Our legal team will evaluate any evidence you have gathered, perform a thorough investigation, and help you fight for the full compensation to which you are entitled. Contact our firm to schedule a free consultation with an accident lawyer in New York City.
