Personal Injury vs Wrongful Death

In a personal injury claim, the person diagnosed is the plaintiff. They can describe their own work history and symptoms, which is often the strongest evidence a case can have. Damages may include medical expenses, lost wages, pain and suffering, and in some cases a spouse's related losses. Because the patient's testimony is so valuable, attorneys often arrange to record it early. If the patient later passes away, the case doesn't simply end. It is usually converted so the estate and family can continue it, though some details change along the way.

A wrongful death claim is brought on behalf of family members who lost a loved one. State law decides who may file, often through a personal representative of the estate. Damages typically focus on the family's losses, such as lost financial support, funeral costs and loss of companionship. Many states also allow a survival action, which carries forward the claims the person could have brought while alive. Without the patient's own testimony, these cases often rely more on coworkers, family members and records to show where exposure happened and which products were involved.

Personal injury and wrongful death claims usually run on separate clocks. A personal injury deadline often starts at diagnosis, while a wrongful death deadline usually starts at the date of death. If a patient dies before filing, the family may need to act quickly to preserve both types of claims where the state allows it. An estate may need to be opened before a wrongful death claim can be filed, which takes time. Understanding which claim applies, and when each clock started, helps families avoid losing options during an already difficult period.

1. 1

   Determine whether the claim will be brought by a living patient or by an estate.

2. 2

   If a loved one has died, ask the probate court how to open an estate in their home county.

3. 3

   Gather the diagnosis date and, if applicable, the date of death on official records.

4. 4

   Ask a case reviewer which claim types your state allows and when each deadline began.