How a Wrongful Death Claim Differs from Other Personal Injury Cases

It is hard to witness the damage caused to someone’s life when the actions of a reckless driver or greedy company cause life-changing injuries. But even more tragic are the cases where those irresponsible actions result in injuries so severe that they bring an end to someone’s life.

Personal injury lawyers help the families of victims in both types of situations, but the assistance we provide is different. When an accident victim requires substantial medical intervention and long-term care, we focus on obtaining compensation to meet the full range of future needs and to compensate the victim for the loss of quality of life. 

The focus is different when injuries lead to death. Then there are ways to compensate for the suffering experienced by the injured person, but the primary focus in a wrongful death case is on the losses experienced by the family because of the untimely death.

If you contact our team to schedule a free consultation, we can explain the applicable issues and the recovery that may be possible in your situation. For general background, here are some differences between a lawsuit to recover for personal injuries and one to recover in the event of a wrongful death.

The Basics of a Personal Injury Case

When someone is hurt in an accident involving a car, truck, or motorcycle, or they’re injured because a property owner left a hazardous condition in place, the person who is hurt has the right to work with an attorney to file a personal injury lawsuit in civil court to recover compensation for their losses. They can seek compensation for economic losses, such as the cost of medical care, and for noneconomic losses, such as their pain and mental distress.

Although the attorney will handle the case, the injured person determines whether to accept a settlement or pursue damages at trial. The victim is the focus of the case and is in charge.

How a Wrongful Death Claim is Different

Obviously, when someone is dead, they are not able to contact an attorney to file a claim for them. Instead, someone else must hire a lawyer to begin legal action. California’s wrongful death statute allows certain family members to file a claim, or a claim may be initiated by the personal representative in charge of the deceased person’s property in probate. (That person is sometimes called an executor.)

Just as the wrongful death case will be filed by someone other than the deceased person, the focus of recovery will not be on the deceased person but on the surviving family members. However, California law also provides the ability to file what is known as a survival action that is focused on the losses suffered by the accident victim who has passed away. A knowledgeable personal injury lawyer can assist in filing concurrent claims to cover the full range of losses.

Damages in a Wrongful Death Claim

In a personal injury case, attention is focused on the pain and emotional anguish the injured person endured because of their injuries. While compensation may be available for these elements in a survival action, they are not part of a wrongful death claim.

Instead, the damages sought for the family include:

• Loss of financial support that the deceased person would have provided
• Loss of help in the home that the deceased person would have provided
• Loss of the companionship of the deceased person
• Loss of guidance and love of the deceased person
• Expenses caused by the untimely death, including funeral costs

An experienced attorney will look closely to see how the death will impact the family and seek compensation for all available aspects of the loss.

Time Limits for Filing These Claims

Another difference between a personal injury lawsuit and a wrongful death claim is the amount of time allowed to prepare and file a lawsuit. The statute of limitations is two years in both types of claims. However, the time that the clock starts running is often different.

In a personal injury case, the claim must be filed no later than 2 years after the injury occurred. In a wrongful death claim, it is not the time of the injury that matters but the date that the injury leads to death.

So, if a pedestrian is hit while crossing the street and they suffer spinal injuries, they must work with a lawyer to get the claim filed within two years of the time they were struck. If the pedestrian’s injuries are so severe that the accident victim lingers in a coma for months but then passes away, then the family members have two years from the date of death to file a claim rather than two years from the time of the accident.

Proof and Defense

One factor that will be similar in both wrongful death and personal injury cases is that, in order to obtain recovery, it is necessary to prove that someone’s wrongful conduct caused the injuries, regardless of whether the injuries led to death. In traffic accidents, premises liability, and most other situations, insurance would cover the losses, so it is insurance companies that defend the person whose irresponsible conduct caused the harm.

The attorneys who work for insurance companies are highly skilled at shifting liability and understating losses. It can be next to impossible for an accident victim or their family to receive full compensation unless they are working with an experienced attorney who understands how to establish liability and advocate effectively for the full value of every loss.

Benjamin Arsenian Knows How to Recover Full Compensation in All Types of Injury Claims

At the Law Offices of Benjamin Arsenian, we know that individual victims and their families are not treated fairly when irresponsible conduct causes injuries. The insurance companies blame the victims or try to trick them into receiving less than reasonable compensation. And often, the personal injury law firms process injury cases like a factory, trying to squeeze out quick settlements so they can move on to other cases.

Benjamin Arsenian wanted to take the time to focus on each client’s specific needs, which is why he left the big firms to start his own practice. If you are reading about personal injury lawsuits and wrongful death claims, we know that you are facing some very difficult situations. We may be able to help. Call us to set up a free discussion, and we can review your circumstances and explain your options. To get started, contact us online or give us a call at 714-400-2000.