What is the Difference Between Personal Injury and Wrongful Death Litigation
Personal injury and wrongful death claims share a similarity in one aspect; that is, they occur when deliberate, heedless, or negligent acts of one party inflict harm to another. Irrespective of the specific instances of the lawsuit, both claims entail negligence. Besides negligence, these claims are totally different, and one ought to understand them before pursuing any of them.
A party that has sustained injuries due to the negligence of the other can file a claim seeking compensation for the damage inflicted. In a personal injury lawsuit, the injured party can receive compensation for the following:
- Medical bills
- Punitive damages
- Lost income (past and future)
- Pain and suffering
The person representing the victim in a court of law must demonstrate that the accident occurred as a result of heedless actions of the accused resulting in his or her client’s injury. When awarding compensation, the court takes into consideration the extent of the injury suffered.
When a person succumbs due to another party’s recklessness, the deceased family may launch a wrongful death claim. A wrongful death claim is a lawsuit filed against the party alleged to be liable for the person’s demise. There are numerous kinds of compensation that you can receive if you are successful in your wrongful death lawsuit.
A wrongful death claim needs to be vindicated using a preponderance of the evidence. This is a slightly lower requirement than criminal lawsuits, which need to be demonstrated past a reasonable doubt. The law requires the person filing a wrongful death claim to be a beneficiary or close associate of the deceased. They are usually represented by a wrongful death trial lawyer.
Personal injury and wrongful death claims are dictated by an act of limitations in Texas. The law dictates claim be filled in two years; however, there are exceptions. Before filing a claim, it is prudent to discuss the matter with a professional West Houston personal injury and wrongful death lawyer.
The attorney will probe the accident and incidents leading to the injury or death. Additionally, crucial information needs to be collected and documented to justify your case. The most appropriate time to talk to a lawyer is right away after an accident. This enables the legal team to access all details surrounding the accident, which is eventually used to vindicate your case.
Before filing a claim, schedule a consultation with the most proficient and seasoned lawyer. You can make inquiries with your lawyer, which will help determine whether your claim stands the test of law.