Personal Injury, Wrongful Death, and Survival Action Claims

Personal injury cases have many similarities with wrongful death and survival action claims. All these claims are filed to get the at-fault party to compensate for the laws. The claims seek compensation for losses suffered due to negligent action of the guilty party.

But there a personal injury, wrongful death, and survival action claims have many differences. In this blog post, you will learn about the main differences between these three types of claims.

Personal Injury Claims

The victim files a personal injury claim to seek compensation from the guilty party. If the victim is mentally handicapped, the legal guardian has the right to file a personal injury case against the at-fault party. The legal partner of the injured victim can also file a separate personal injury claim in case the injury has resulted in anxiety and increased responsibilities.

Personal injury claims are filed to seek compensation for damages. The victims can seek economic compensation and non-economic compensation. Economic compensation has quantifiable monetary amounts such as lost wages, medical bills, and loss of earning capacity. All these damages can be claimed in a personal injury claim.

Non-economic damages cannot be quantified in monetary terms. A professional personal injury attorney can help you calculate the non-economic damages that you should seek from the guilty party. Examples of non-economic damages include physical pain, emotional distress, and loss of companionship due to the injury.

Wrongful Death Claim

A wrongful death case is a field by legal representative of the deceased victim. The legal representative is mentioned in the estate plan or will of the victim. In case the legal representative is not named, the court will appoint a legal representative who can file a wrongful death case on behalf of the family members of the deceased person.

Family members who can seek wrongful death compensation include parents, spouses, children, blood relates, and adopted siblings who were financially dependent on the victim. They can file a claim to get compensation for burial and funeral expenses, medical expenses prior to death of the victim, loss of companionship, and loss of income due to passing away of the victim. Seeking assistance from a wrongful death lawyer is crucial.

Survival Action Claim

Family members of a deceased victim can file a survival action claim instead of a wrongful death claim. The claim seeks damages incurred prior to the death of the victim. The claim is made on behalf of the deceased person.

Family members can opt for a survival action claim to seek compensation for physical pain and emotional distress experienced by the deceased person. The claim seeks compensation for medical expenses and other losses suffered by the victim.

Why Get Help of a Professional Personal Injury Attorney?

Contact a professional lawyer to know more about personal injury, wrongful death, and survival action claims. An experienced attorney will inform you about each of the claims so that you can make the right decision.

Getting the help of an attorney will also help you save time in filing a case against the at-fault party. An expert attorney will guide you through all phases of establishing a claim from gathering evidence to negotiating and filing a case against the guilty party.