What is The Difference Between a Personal Injury and a Wrongful Death Cases?
When you suffer an injury or the loss of a loved one due to the negligence of another party you may be entitled to compensation. Often after these instances you will have a lot of questions. One question we get a lot at the Walker Law Firm is the difference between a personal injury claim and a wrongful death claim.
This two types of cases are similar in that they are brought on by intentional or reckless actions of another individual or company. Whatever the particular instances of the claim, both cases involve negligence. Additionally, both types of lawsuits are governed by a statute of limitations in Texas. The law allows two years to file a claim, although some exceptions may apply.
Other than that common factor, these claims are extremely different. To successfully receive compensation their differences must be understood before a person attempts to file either of them.
Personal Injury Claims
A personal injury claim occurs when an individual is severely hurt in an accident due to another’s actions. A personal injury claim is filed against the party who was at fault in causing the accident. Damages in a personal injury claim may include:
- Medical costs
- Money for pain and suffering
- Lost wages
- Future medical expenses
- Punitive damages
- Disfigurement
- Loss of enjoyment of life
The person filing the claim must prove negligence on the part of the other party. Compensation for an injury depends on various factors including the severity of the injury. Punitive damages may be awarded in cases in which the at-fault party was grossly negligent.
Wrongful Death Claim
Losing a loved one is never easy. However, if the death is due to somebody else’s malicious plans, greed, negligence, incompetence or fraud, the pain is even more excruciating. This is when you file a wrongful death claim. Wrongful death lawsuits are quite common with multiple of cases where individuals suffered wrongful death due to medical malpractice, accident, murder, etc. Assaults, medical negligence, falls and other ignorance-related injuries aggravate the death numbers.
A wrongful death award may provide compensation for:
- Medical expense
- Funeral and burial costs
- Loss of companionship
- Loss of future earnings
- Financial support for family
- Educational expenses for children
A wrongful death claim must be proven using a preponderance of the evidence. This is a lower standard than criminal cases, which must be proven beyond a reasonable doubt. Generally, the person bringing a wrongful death claim must be a beneficiary or close family member of the deceased.
A wrongful death claims also sends powerful message to the person who harmed your loved one, preventing any such happening to occur ever again.
Choosing An Experienced Lawyer Is Key
The tragedy of losing a loved one gets doubled when a loved one’s death is preventable. If somebody else is responsible for the death of your loved one, you may get compensation if you pursue a wrongful death lawsuit. Additionally, it is extremely important to choose the right wrongful death lawyer bearing years of untapped experience and expertise.
Choosing the right lawyer will:
- Get you a just compensation for all the time you have spent grieving over the death of your loved one.
- Will ease in your healing process knowing that the person who is responsible for your loved one’s death is undergoing accountability.
- The money received will help you move forward in life.
- The soul of your loved one will be at ease knowing that his/her culprit has been brought under the law.
Factors To Choose The Best Personal Injury Attorney
Following are the main factors to consider when choosing the best wrongful death lawyer or personal injury attorney.
- Industry experience and expertise to help you get your due compensation.
- The law firm must possess good reputation in the industry. Check first-hand user reviews from the internet to see how their service is.
- The law firm must keep up on the ever changing laws.
- Trust your gut feeling and conduct a preliminary interview to see if you can work with this person.
Were you injured or lost a dear one because of somebody else’s lack of competence or negligence? File a claim today. Walker Texas Lawyer serves as the best personal injury lawyer in Houston. Our help is just a call away. Our team takes pride in getting due compensation for our clients. Call us today at 713-552-1117 or fill out our contact form for more information about our services.
