How Does a Wrongful Death Claim Differ from a Personal Injury Claim?

When legal issues arise due to injuries or fatalities, it’s imperative to understand the distinctions between personal injury and wrongful death cases. Although both stem from negligence or wrongful actions resulting in harm, the nature of harm and the parties eligible to file the lawsuit differ significantly. Understanding these differences and seeking counsel from our trusted Morris County Wrongful Death Attorneys is crucial when navigating these confusing times. Please continue reading as we explore what you should know about these matters.

What Are the Key Differences Between a Wrongful Death and a Personal Injury Lawsuit?

While both wrongful death and personal injury lawsuits in New Jersey arise from negligence or intentional harm, they differ mainly in the damages sought and the parties involved. A personal injury lawsuit is filed by the injured party to seek compensation for their physical injuries, emotional distress, lost wages, medical expenses, disfigurement, and other related expenses.

In contrast, a wrongful death claim is filed when a person dies as a result of another party’s carelessness or misconduct, seeking compensation for financial and emotional losses the survivors experience due to their loved untimely passing. In a personal injury case, the injured party is the plaintiff, whereas, in a wrongful death claim, only the personal representative of the deceased person’s estate can file the claim on behalf of the surviving family members.

The types of damages that may be recovered in personal injury and wrongful death claims are different. In a personal injury case, you can seek compensation for tangible and intangible losses. In a wrongful death lawsuit, survivors can claim damages for the loss of financial support, loss of companionship, lost income, funeral expenses, and other losses resulting from the death of their loved one.

What is the Statute of limitations?

It’s important to understand that both wrongful death and personal injury lawsuits are subject to a statute of limitations, which means that you must take legal action within a specific timeframe following the incident or the victim’s death.  In New Jersey, the statute of limitations for a personal injury claim is two years from the date of the injury. If you fail to meet this deadline, you will face the absolute bar of recovery.

As mentioned above, only certain people can initiate a wrongful death lawsuit in New Jersey. The law stipulates that the executor of the decedent’s will or the personal representative of the estate must file a claim on behalf of the decedent’s surviving family members two years from the date of the death. If you miss the deadline, you will have waived your right to file a lawsuit.

If you have been injured or a loved one has tragically lost their life due to another party’s negligence, please don’t hesitate to contact a skilled attorney from Lutz Injury Law, who can help guide you through every step of the claims process. Connect with our firm today to learn how we can fight for you.