While a wrongful death and personal injury claim are both civil actions, they may serve different purposes. Without further introduction, please follow along to find out the key distinctions between the two and how a proficient Panama City wrongful death attorney at Manuel & Thompson, PA can help you establish valid grounds for either case.
What are the key differences between a wrongful death and a personal injury claim?
The biggest contrasts between wrongful death and personal injury claims lie with the plaintiffs and the intentions they have behind pursuing such legal action. Firstly, the plaintiff of a wrongful death claim would be the surviving family member of a personal injury accident victim who sadly passed away in its aftermath. Here, they may be seeking financial compensation for the losses they incurred second-hand. What’s more, in addition to personal injury accident events, these claims may be pursued after a medical malpractice incident or a violent crime.
With this, though, it is worth mentioning that only certain family members may serve as plaintiffs here. That is, in the state of Florida, eligible beneficiaries or survivors include the deceased’s spouse, children, parents, or otherwise, any blood relative or adoptive siblings who were financially dependent on them up until the time of their death.
Secondly, a plaintiff of a personal injury claim would be the accident victim themself, who is fighting to recover the economic and non-economic they received as a direct result. Now, the types of damages either plaintiff claims may be similar yet still distinct. For example, a wrongful death plaintiff may wish to recover the medical bills their loved one left outstanding upon their passing, while a personal injury plaintiff may wish to recuperate current and future medical bills they anticipate having to pay due to the type and severity of their injuries. Then, while a wrongful death plaintiff may cite the non-economic damage of loss of companionship, a personal injury plaintiff may claim a lost enjoyment of life.
What circumstances need to be true for a wrongful death claim or a personal injury claim?
Whether you are pursuing a wrongful death or personal injury claim, the common element you must prove is the defendant’s negligence. Without there being negligence in the accident event, there are no valid grounds for a legal claim. More specifically, the following circumstances must be true:
- The defendant held a duty to act with care.
- The defendant breached that duty of care by acting or behaving negligently.
- The defendant’s negligence caused the plaintiff to incur injuries and damages.
- Or, caused the plaintiff’s loved one to experience death.
- The plaintiff suffered and continues to suffer financial harm as a direct result.
- Or, the plaintiff takes on the financial damages their loved one left behind.
If you need legal representation fast, one of the talented Panama City personal injury attorneys is prepared to step up. The team at Manuel & Thompson, PA looks forward to meeting you, working with you, and helping you.
