Mishaps are unpredictable, and they can cause harm to a person, or they can cause unimaginable incidents, such as the death of a loved one. Both situations may result in legal action in San Diego, but the course of action varies greatly based on whether you are seeking a wrongful death lawsuit or a personal injury claim. Yes, it has been seen that although both result from negligent behavior, they are intended to accomplish specific objectives for various parties. So, let’s examine and learn about the main distinctions.
- Injury vs. Loss of Life
A person injured by the carelessness of another party has the right to file a personal injury lawsuit. Let’s take examples – suppose there is an event of a dog bite, an automobile accident, or a slip and fall, the injured party wants to be compensated for their personal pain and suffering, lost wages, and medical expenses.
On the other hand, a wrongful death claim is made when someone passes away as a result of the carelessness or deliberate actions of another person. In this case, the lawsuit focuses on the financial and emotional toll that the passing of the deceased has taken on the remaining family members. However, this does not include the injury that was done to these individuals, particularly.
- Who Can File the Lawsuit?
Lawsuits for personal injuries must be filed by the injured party. In this situation, until the injured party has been deemed legally incapable and a guardian is appointed, no one else can submit this claim.
On the other hand, certain surviving family members or the decedent’s estate file wrongful death cases. Now, this usually consists of a surviving domestic partner or spouse, kids, parents, if there are no living children or if the deceased was a minor, and other people who are financially dependent.
- Types of Compensation Available
It has been seen that the damages in personal injury cases usually include past and future medical bills, wages lost, damage to property, suffering and agony, distress on an emotional level, and permanent impairment or deformity.
On the other hand, among the damages in wrongful death lawsuits are burial and funeral costs, loss of the money that the departed would have contributed, loss of leadership, affection, companionship, and loss of household services.
Therefore, even though both claims call for compensation, the type of compensation represents two distinct types of losses, where one is survivors’ indirect losses and the other is direct personal harm. So, you must always consult with wrongful death lawyers.
- Statute of Limitations
The statute of limitations for both kinds of claims is typically two years. However, the clock begins to run at various times. It starts on the day of the injury in the case of personal injury.
On the other hand, the countdown for wrongful death begins on the date of death rather than the date of the incident. However, based on the situation type, this countdown might vary.
Moreover, it’s imperative that you proceed immediately because missing these deadlines often results in the loss of the right to compensation.
Conclusion
Although there may be some apparent similarities between wrongful death and personal injury claims, both involve negligence, damages, and litigation. Moreover, their legal systems are different, which makes them a wise choice during a stressful period. Check out hhjtrialattorneys.com to get a clear understanding of these distinctions.