Wrongful Death vs. Personal Injury Claims: Understanding the Key Differences

Wrongful Death vs. Personal Injury Claims: Understanding the Key Differences

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When facing legal matters involving personal injuries or the loss of a loved one, it’s crucial to understand the distinctions between wrongful death and personal injury claims. While both cases involve harm caused by negligence, they differ significantly in their specifics.

Purpose and Filing

Personal Injury Claims:

  • Filed by the injured individual or their representative
  • Seek compensation for personal losses due to negligence or intentional actions
  • Damages may include medical expenses, lost wages and pain and suffering

Wrongful Death Claims:

  • Filed by the estate of the deceased
  • Authorized by statute
  • Represent losses suffered by the estate
  • Filed through a fiduciary designated in the will or appointed by Probate Court

Types of Damages

Personal Injury:

  • Economic Damages
    • Past & future medical expenses
    • Lost earnings and future loss of earning capacity
    • Loss of the value of household services
  • Non-Economic Damages
    • Physical injuries
    • Permanency
    • Scarring
    • Loss of enjoyment of life’s leisure activities
    • Emotional distress
    • Pain and suffering

Wrongful Death:

  • Economic damages: medical expenses, loss of earnings (minus essential living costs), funeral expenses
  • Non-economic damages: loss of enjoyment of life, and may include loss of consortium for spouse or domestic partner

Legal Considerations

It’s important to note that Connecticut law currently does not authorize a cause of action for a child in the event of a parent’s wrongful death.

Seeking Legal Assistance

If you’re considering filing a personal injury or wrongful death claim, it’s advisable to consult with experienced attorneys who can guide you through the complex legal process and help you understand your rights and options. Remember, each case is unique, and the specifics can significantly impact the outcome. Professional legal counsel can provide invaluable assistance in navigating these challenging situations and seeking appropriate compensation. For further questions or if you wish to bring a personal injury or wrongful death claim, contact the compassionate attorneys at Casper & de Toledo for a free consultation today.