When it comes to legal matters involving injuries or fatalities, it’s essential to understand the difference between personal injury and wrongful death cases.
Although both types of cases involve negligence or wrongful actions resulting in harm, the nature of the harm and the parties involved in filing the lawsuit differ significantly.
Personal Injury Cases
Personal injury cases arise when an individual suffers harm due to the negligence or wrongful actions of another person or entity. These cases can involve various scenarios, such as car accidents, motorcycle accidents, e-scooter accidents, or other serious injuries. The injured person, known as the plaintiff, files a lawsuit seeking compensation for their injuries, medical expenses, lost wages, pain and suffering, and other damages.
For example, if a person is injured in a car accident caused by a negligent driver, the injured party can file a personal injury lawsuit against the responsible driver to recover damages for their medical bills, lost income, and other losses resulting from the accident.
Wrongful Death Cases
Wrongful death is a type of personal injury. When pursuing a wrongful death claim, it necessitates proving that another individual or entity’s negligence, or failure to exercise reasonable care, directly led to the death of the individual in question.
Wrongful death cases, on the other hand, occur when an individual’s death results from the negligence or wrongful actions of another person or entity. In these cases, the lawsuit is filed by the surviving family members, such as the spouse, children, or parents of the deceased. They seek compensation for the financial and emotional losses they have suffered as a result of their loved one’s death.
For instance, if a person dies due to a medical professional’s negligence, the surviving family members can file a wrongful death lawsuit against the responsible medical professional or their employer. The family may seek damages for funeral expenses, loss of companionship, loss of financial support, and other losses related to the death of their loved one.
In summary, the key differences between personal injury and wrongful death cases are:
- Personal injury cases involve injuries to a living individual, while wrongful death cases involve the death of an individual.
- Personal injury lawsuits are filed by the injured individual, whereas wrongful death lawsuits are filed by the surviving family members of the deceased.
Call GJEL Accident Attorneys for a Free Case Review
If you or a loved one has been affected by a personal injury or wrongful death situation, the experienced attorneys at GJEL Accident Attorneys can help. Contact us today for a free case review to discuss your legal options.
Why choose GJEL Accident Attorneys?
- Over 99% success rate
- Over $950 million recovered for clients
- Recognized as one of the top wrongful death law firms in California
- Attorneys with prestigious awards such as Best Lawyers, California Super Lawyers, and AV ratings from Martindale-Hubbell
- Compassionate and dedicated legal representation
Don’t wait – call GJEL Accident Attorneys at 1-866-294-6918 to schedule your free case review and let us fight for the justice you and your family deserve. We serve all of Northern California from San Francisco to Stockton, California.