According to United States Courts, personal injury cases surged 150% in 2021, and this number continues to grow.
When one thinks about personal injuries, the image that often comes to mind is that of accidents causing physical harm or emotional distress to an individual. However, there exists a specific category within personal injury law that deals with a tragic event known as wrongful death.
Wrongful death occurs when a person loses their life due to the negligence, recklessness or intentional actions of another party.
This differs from personal injury cases in that the victim, unfortunately, cannot pursue legal action themselves. Instead, it is their surviving family members or designated beneficiaries who seek compensation.
Similarities with personal injury
While wrongful death and personal injury may seem distinct, they share a common thread: negligence. In both cases, someone’s careless or deliberate actions lead to harm. This similarity forms the basis for why wrongful death counts as a type of personal injury.
The main distinction lies in the outcome. Personal injury cases involve victims who survive with injuries, whereas wrongful death cases revolve around the loss of a loved one. The surviving family members may suffer emotionally, financially and even physically due to the absence of their loved one.
Types of damages
In both personal injury and wrongful death cases, the victim or victims’ family may seek damages. These can include medical expenses, funeral costs, loss of income and compensation for emotional distress. The aim is to provide some measure of relief for the suffering endured by the victim or their family.
The importance of seeking justice
Recognizing wrongful death as a form of personal injury is important for families dealing with such a devastating loss. It allows them to navigate the legal process and seek compensation. Additionally, holding those responsible accountable can promote a sense of closure and prevent similar tragedies from occurring in the future.
Understanding the distinction of wrongful death empowers families to seek justice and find a measure of solace during trying times.