After an accident caused by one party’s negligence, the other party has the right to file a personal injury claim against the party responsible for causing the accident. Assuming that no one died as a result of the accident, the personal injury claim will serve to compensate the injured individual for the damages received after and in the accident. These damages include:
- Lost wages and earning potential
- Medical bills for all the current and future treatments concerning the same injuries
- Pain and suffering
- Mental anguish
- Property damage (car repairs)
However, if someone did die in the accident, then the surviving family members have a legal right of filing a wrongful death claim against the party who caused the accident and the death of their loved one.
So what is the difference between a personal injury claim and a wrongful death claim?
We spoke with experienced personal injury attorneys in Los Angeles at the Law Offices of Howard Craig Kornberg, and here is that they had to say.
The Main Difference
As the name suggests it, the main difference between a personal injury claim and a wrongful death claim is the “death factor”. In the first case, no one has to die for the parties to be eligible to file a personal injury claim. They can simply file a claim based on their injuries and damages and expect to receive compensation once their case is successful.
In the latter case, when a person dies as a result of the accident or injuries caused by the accident, the surviving family members can file a wrongful death claim and seek compensation for:
- Loss of consortium
- Loss of income
- Loss of companionship and comfort
- Loss of affection
- Loss of parenthood
- Loss of protection
- Funeral and burial expenses
- Medical bills prior to death
- Future benefits lost (pension, insurance)
Who can File a Wrongful Death Claim?
Usually, people are confused as to who is eligible to file a wrongful death claim. In the majority of cases, it is the closest surviving family. These include:
- Other close relatives (if the deceased had no close family)
In order to obtain compensation for the wrongful death of your loved one, you have to be able to present evidence stating that your loved one did indeed die from the accident or injuries suffered from the accident, and not some other cause or disease previously acquired.
Regardless of whether you are want to file a personal injury claim or a wrongful death claim, you need to have an attorney in your corner. Someone with experience and knowledge and hundreds of solved cases in the past. If you have no attorney in mind, be sure to give at the Law Offices of Howard Craig Kornberg a call and schedule a free initial consultation (with no legal obligations) with one of the available Los Angeles personal injury attorneys at the Law Offices of Howard Craig Kornberg today. They will help evaluate your case, and if you choose to help you calculate your damages, and file a successful claim on your behalf so that you can receive the compensation in a timely manner.