Personal injury and wrongful death lawsuits have one thing in common: They arise when the negligent, reckless, or intentional actions of another cause one to suffer harm, such as in a maritime accident, truck accident, industrial accident, railroad accident, or an aviation accident. These types of work environments carry with them significant risk, which is why these types of claims often arise there. These lawsuits may also arise from use of defective medical products or dangerous pharmaceuticals. Whatever the particular instances of the claim, both cases involve negligence. Other than that common factor, these claims are very different and their differences must be understood before a person attempts to file either of them.
A personal injury claim is filed by the party who has suffered the injury caused by the at-fault party, he or she may need help from a personal injury attorney in NY in this case. Obviously then, these cases do not involve fatalities. The victim may be able to recover compensation for medical expenses (including emergency treatment, operations, plastic surgery, medication and rehabilitation, among other things), lost past and future wages, pain and suffering and, in some cases, punitive damages. The person making the claim, most commonly an injured employee, must be able to prove negligent actions on behalf of the person alleged of causing the injury. The amount of compensation depends on how significant the injury was.
A wrongful death claim, on the other hand, is filed by the survivors of the injury victim, including spouse, siblings, children, or parents. The claim is being filed against the person who is believed to be responsible for the death. The surviving family members may seek funds for medical expenses, funeral benefits, loss of future earnings, financial support (including educational assistance), and the loss of care, comfort, and companionship. In order to prove a wrongful death, wrongful death claims use preponderance of evidence as opposed to “innocent until proven guilty.”