Wrongful Death Claim vs Personal Injury Claim
Wrongful death claims fall under the umbrella of personal injury law. If the circumstances of the death are such that the decedent could have filed a personal injury claim against the at-fault party had they lived, then their closest surviving family member can file a wrongful death claim to recover compensation for the family’s losses related to the death. While the process is similar, it’s important to work with an Atlanta wrongful death lawyer to handle the key differences between wrongful death claims and personal injury cases.
Proving Liability for Personal Injury and Wrongful Death
Both personal injury claims and wrongful death cases are based on the understanding that people owe a duty of reasonable care to those around them so they don’t cause them injury through careless, reckless, or wrongful actions. Proving liability in both types of cases requires evidence demonstrating the following:
- That the responsible party owed a duty of care to the injury victim (such as a driver’s duty to follow traffic laws or an apartment complex owner’s duty to maintain smoke detectors)
- They breached their duty of care through careless, reckless, or wrongful actions
- The breach of duty directly caused the injury or death
- The injury victim or their surviving family members suffered damages from the injury
In wrongful death claims, the deceased’s family suffers economic losses from the injury.
Damages In Wrongful Death Claims vs Personal Injury Cases
In a personal injury case, the injury victim suffers losses, such as medical expenses, lost income, and pain and suffering. If the injury was catastrophic, the injury victim may have more extensive damages, like permanent disability, disfigurement, or chronic pain. These are recoverable damages.
In a wrongful death case, the family suffers economic losses from the death, and compensation for the damages is awarded to the closest surviving family member, typically a spouse, parent, or child. Common damages recovered in wrongful death cases include compensation for funeral and burial expenses, a provider’s lost income for the remaining working years they would have had left to them, and compensation for non-economic losses like grief, anguish, and loss of companionship and consortium.
In both Atlanta personal injury claims and wrongful death cases, compensation usually comes through a settlement from the at-fault party’s insurance company. About 4% of personal injury and wrongful death claims require court due to an insurance company’s wrongful denial or undervaluation of the claim.
A Personal Representative May File a Wrongful Death Claim In Georgia
The key difference between a personal injury claim filed by the injury victim and a wrongful death claim is the claimant. Most Georgia wrongful death cases are filed by the deceased victim’s spouse, parent, or child—the closest surviving family member. However, wrongful death claims are also open to a personal representative of the decedent’s estate. If a person dies from someone else’s negligence or wrongdoing and leaves no close surviving family member to file a claim, their personal representative may file a claim on behalf of the decedent’s estate. This may be the representative or executor named in their will, or the court may appoint one. Often, a family member comes forward and petitions the court to be named as representative if the decedent dies without a will. Then, the state’s intestacy laws under O.C.G.A. § 53-2-1. determine the distribution of the compensation awarded in the case.
How Can an Atlanta Personal Injury or Wrongful Death Attorney Help Me?
Both types of tort claims require compelling evidence, meticulous attention to filing details, and adherence to key timelines, such as Georgia’s two-year statute of limitations, which applies to both personal injury and wrongful death cases.
Contact Piasta Walker Hagenbush LLC for a free consultation to learn more about how an experienced attorney can help your case.