While personal injury and wrongful death claims share the goal of providing relief to victims, they have several distinctions. Understanding these differences is crucial, and a skilled Prince George’s County Personal Injury Attorney can provide the guidance you need.
How Does a Wrongful Death Claim Differ from a Personal Injury Claim?
First, we’ll delve into the similarities between a personal injury and a wrongful death claim. These lawsuits both hinge upon the principle of negligence. This means they involve a situation in which someone else’s actions caused harm to another. Additionally, in both cases, the plaintiff carries the burden of proof, meaning they must demonstrate that the defendant’s intentional or negligent act directly caused the person’s injury or death. They must show that the defendant owed a duty of care, that the duty of care was breached, that the plaintiff suffered an injury (which led to their death for a wrongful death case) as a result of the breach, and that damages were suffered by the plaintiff.
Although both personal and wrongful death claims arise from a breach of duty that causes harm, they differ significantly in nature, damages, and the parties involved. Understanding these distinctions is crucial for those seeking legal recourse after a devasting event. One of the main differences between these claims is who the victim is and who can file. A personal injury claim is filed by an individual who has suffered a non-fatal injury due to someone else’s negligence or intentional wrongdoing. Conversely, a wrongful death claim is pursued by the surviving family members or estate of a person who has died due to another’s negligence or wrongful act.
Another difference between these claims is the damages sought. In a personal injury claim, you can seek compensation for harm suffered, including medical expenses, lost income, pain and suffering, and potentially punitive damages. The damages are focused on making a plaintiff “whole” again, rather than punishing the party and discouraging similar acts in the future. In contrast, the damages in a wrongful death claim are focused on the financial losses suffered by the survivors, including funeral expenses, lost wages, and loss of companionship. It’s important to note that survivors cannot recover compensation for their pain and suffering. However, they can seek compensation for the pain and suffering the deceased endured before their untimely passing.
Is the Statute of Limitations the Same?
The statute of limitations refers to the set time limit in which you have the right to pursue legal action against another party. If legal action is initiated after this timeframe, you will relinquish your right to seek compensation for your damages. Essentially, you will face the absolute bar of recovery if you fail to meet the deadline for filing your claim. The legal system uses the statute of limitations to promote fairness and efficiency by preventing parties from engaging in legal action indefinitely after an incident has occurred.
The specific period will vary depending on the type of claim and the jurisdiction. In Maryland, the statute of limitations for personal injury and wrongful death claims is three years from the date of the injury. This means you will have three years to file a claim against the negligent party. However, there are certain exceptions to this rule. For instance, that statute of limitations may start when the injury is discovered, not necessarily when it occurred, particularly in cases of medical malpractice.
If you have been injured or a loved one has tragically lost their life at the hands of another, please don’t hesitate to contact a compassionate attorney from McCarthy, Winkelman & Mester, L.L.P. who can help you determine the appropriate course of action and guide you through each step of the legal process ahead.
