When dealing with legal matters involving an injury or fatality, there are several avenues that can be taken to recover compensation and damages for losses. It is essential to understand the difference between a personal injury and a wrongful death case to ensure you can take appropriate legal action depending on your situation. Continue reading and reach out to a Pikeville, KY personal injury lawyer for more information and skilled legal assistance in the aftermath of an injury or death.
What is a Personal Injury Case?
A personal injury case can be filed by an individual who was injured both physically and emotionally as a result of another party’s negligence or wrongdoing. Through a claim or lawsuit, the injured individual can recover financial compensation to help them recover and get back to their daily life. The plaintiff must provide evidence demonstrating how the defendant’s actions directly led to their injury and associated damages.
What is a Wrongful Death Case?
A wrongful death case, on the other hand, is used when someone dies as a result of the negligence or misconduct of another person. In a wrongful death claim, the victim is no longer alive to pursue legal action so it is generally filed by a representative on their behalf.
How is a Wrongful Death Case Different from a Personal Injury Case?
Wrongful death and personal injury cases share some similarities but also have a number of notable differences. For example, the plaintiff will differ between cases. In a personal injury case, the plaintiff is the injured party. They will file the case and work with their lawyer to recover compensation for themselves. However, in a wrongful death case, the victim has died so the plaintiff is typically a family member or representative filing on their behalf.
The reason for the legal action will also differ. The victim of a personal injury will file a claim or lawsuit to recover compensation that allows them to heal physically and financially. When surviving family members file a wrongful death suit, they are doing so to be compensated for the loss of their loved one as well as to ensure their death does not leave them financially destitute or struggling.
Because the purpose of each legal action is different, the damages that can be awarded will vary. An injured party can recover compensation for their medical expenses associated with the injury, lost wages due to time taken off of work, physical pain, and emotional distress. In a wrongful death claim, the surviving family members can claim damages for funeral and burial costs, the loss of financial support, loss of companionship, and emotional suffering.
Understanding the above distinctions is crucial for anyone attempting to navigate the legal system after an injury or death. If you have further questions or concerns, direct them to an experienced lawyer at Shane Hall, Attorney at Law, PLLC today.
