How Wrongful Death Differs from a Personal Injury Case
In a wrongful death case, you can seek compensation on behalf of a deceased person (decedent). You could file this type of case if you’re a spouse, parent, child, or another surviving member of the decedent’s family. Comparatively, in a personal injury case, you can pursue money for injuries that you’ve suffered due to another party’s actions.
Key Differences Between Wrongful Death and Personal Injury Cases
The plaintiff in a wrongful death case is the personal representative of a decedent. In the case, the plaintiff can pursue damages relating to the decedent’s burial and funeral expenses, medical bills, pain and suffering, and other quantifiable and subjective losses. Meanwhile, the plaintiff in a personal injury case is the individual who has been harmed due to someone else’s actions.
In certain states, the statute of limitations for wrongful death and personal injury cases is different. However, in Massachusetts, the statute of limitations for both types of cases is identical.
Per Massachusetts General Laws Chapter 229, Section 2, the statute of limitations for most wrongful death claims and lawsuits is three years. This window usually begins on the date of a person’s death. In a situation where the cause of death is not apparent immediately, the timeline for the personal representative to initiate a wrongful death case adjusts accordingly.
In alignment with Massachusetts General Laws Chapter 260, Section 2A, the statute of limitations for the majority of personal claims and lawsuits is three years. With this, you may have up to three years from the date you are hurt because of another party’s negligence to ask for compensation for any associated losses.
Can You File a Wrongful Death Case and a Personal Injury Case?
A personal injury case can get underway while the plaintiff is still alive, but it can become a wrongful death case if the plaintiff passes away due to their injuries.
In this situation, a personal representative of the decedent continues the original case as a wrongful death lawsuit. They can pursue economic and non-economic damages that can cover losses relating to the decedent’s fatal injuries.
How Wrongful Death Cases Are Similar to Personal Injury Cases
Both wrongful death and personal injury cases are civil actions in which a plaintiff asks for compensation from a party who they allege has engaged in negligent acts. The plaintiff can recover compensation for tangible and intangible losses, such as:
- Medical bills
- Loss of income
- Pain and suffering
- Loss of enjoyment of life
Common reasons why wrongful death and personal injury cases are filed include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Construction accidents
- Nursing home abuse
- Defective products
- Medical malpractice
Wrongful death and personal injury cases can be filed against motorists, trucking companies, property owners, business operators, and others. In either type of case, the plaintiff is responsible for the burden of proof. They may utilize a wide range of evidence to support their case, including:
- Accident scene photos or videos
- Police reports
- Witness statements
- Medical records
- Pay stubs
Wrongful death and personal injury cases can be resolved through settlement negotiations. If a liable party or their insurance company proposes a settlement, the plaintiff has the option to accept, decline, or counter. If no settlement is reached, they can bring their case to trial.
Legal representation is available for wrongful death and personal injury cases. A lawyer who has relevant experience in one or both areas can help a plaintiff file a claim or lawsuit and build their case for compensation.