Accidents that result in severe, life-threatening injuries can be devastating to victims and their families. Worse, some of these mishaps may result in unintended death. When this occurs, victims and their families are unsure whether to file a wrongful death claim or a personal injury claim.
While wrongful death claims and personal injury lawsuits are similar, they are not the same thing. Personal injury claims use the negligence standard to determine liability and do not include victims killed by the actions of another party.
A wrongful death claim should be filed by the family members of a victim who was accidentally killed due to the negligence of another party through a representative. Wrongful death claims are based on the fact that another party’s negligent conduct or actions killed the deceased person.
After an accident, most accident and injury victims wonder about their legal options. The Gregory Spektor & Associates law firm will assist you in understanding your legal rights following a personal injury or wrongful death accident.
Depending on the circumstances of the accident, you may be able to seek compensation in a personal injury or wrongful death lawsuit. Many people, however, continue to have concerns about personal injury and wrongful death claims. Gregory and Spektor Associates’ attorneys will explain the differences and similarities between personal injury and wrongful death.
Are personal injury claims the same as wrongful death lawsuits?
Personal injury and wrongful death claims are similar but also differ. Let’s explain.
What’s a personal injury claim?
Personal injury claims arise when another party injures a person due to carelessness or negligence. In most cases, these injuries necessitate medical attention. In that case, the injured party should sue the negligent party for compensation (damages) for the injury sustained. In most cases, compensation is provided by the negligent party’s insurance company.
You can sue for an injury caused by a variety of circumstances under New York’s personal injury law. Traffic accidents, premises liability issues, construction accidents, and birth injuries caused by negligence are the most common reasons for filing personal injury cases.
What compensation is available to personal injury victims?
The types of damages available in a personal injury lawsuit are determined by the facts of your case. Personal injury victims frequently suffer physical injuries, financial losses, and emotional trauma.
According to New York law, a victim’s damages from a personal injury claim are classified as economic, non-economic, and punitive. In your personal injury lawsuit, you may seek one or more types of damages.
What economic damages can you recover from a personal injury case?
Economic damage covers all financial losses and expenses incurred as a result of the accident, injuries, or recovery. Examples of common economic damages recoverable in a personal injury lawsuit include:
Medical care and treatment costs
Medical bills can add up quickly, especially after a serious injury. Thousands of dollars can be spent on ambulance services, doctor’s bills, hospitalization, diagnostic tests, and surgical procedures. Fortunately, you may be able to receive compensation for medical bills incurred as a result of a catastrophic injury.
Loss of income
When you miss work due to an injury or accident, your lost wages can be included in your personal injury claim. Self-employment income, commissions, benefits, and bonuses are examples of lost wages.
Therapy and medical equipment
Many victims of car accidents and injuries require physical therapy, occupational therapy, vocational therapy, and other types of therapy. Victims may also require specialized medical equipment such as wheelchairs, braces, walkers, and canes. These expenses are all part of your claim for bodily injury sustained in an accident.
Other expenses and costs
You can also seek compensation for other expenses incurred as a result of an injury. This includes the cost of traveling to medical appointments as well as home modifications if you are permanently disabled.
Non-economic damages are recoverable in a personal injury lawsuit
Non-economic damage is more difficult to quantify than economic damage. These damages represent the accident victim’s pain and suffering. Non-economic damage commonly includes
- Mental anguish and trauma
- Scarring and disfigurement
- Loss of consortium or marital relations
- Disabilities and permanent impairments
- Inconvenience, loss of enjoyment, and loss of quality of life.
- Conditions like anxiety, depression, and post-traumatic stress disorder related to your injuries or accident
- Anxiety and emotional pain caused by the injuries sustained in an accident.
Each person experiences this damage differently, but your level of suffering is determined by the type of injuries sustained and the severity of those injuries. In an accident, you may sustain minor injuries but suffer significant emotional, mental, and physical pain.
Punitive damages that you can claim in personal injury cases
Punitive damages are rarely awarded in injury law for claims. Unfortunately, punitive damages are not intended to compensate victims for losses incurred as a result of an injury or accident. These damages were intended to punish a party for willfully disregarding the safety of others, resulting in injury or accident.
A DUI accident resulting in catastrophic injuries or wrongful death is an example of a case in which you may be eligible for punitive damages. Another excellent example is when a property owner knowingly and intentionally fails to repair a hazardous condition that could endanger the residents and invited guests on the property.
Who should file a personal injury claim?
In personal injury cases, the injured party files a claim against the person who caused the harm. In some cases, the injured victim’s spouse may be able to file a claim for loss of companionship as a result of the injuries.
What’s a wrongful death claim?
If your loved one is killed or dies as a result of someone else’s negligence or misconduct, the surviving family members have the right to file a wrongful death lawsuit. Wrongful death claims seek restitution to assist survivors in dealing with the loss of a loved one. As a result, family members can file a claim for lost wages, funeral expenses, and lost companionship.
Wrongful death damages in New York
A wrongful death lawsuit seeks to financially compensate the victim’s family members for the losses they have suffered as a result of the victim’s death. The types of damages and the amount awarded are determined by the facts of each individual case. Nonetheless, the attorney at Gregory Spektor & Associates will assist you in obtaining just compensation.
Under New York law, our wrongful death attorney can assist you in obtaining the following damages:
- Burial, cremation, and funeral expenses
- Reasonable medical expenses for the dead person’s final injury
- Any financial support that the victim might have contributed to the family
- The value of parental care, nurturing, and guidance to the surviving children
- The value of any support the victim would have given the family
- Lost inheritance for the survivors
- Pain and suffering caused by the deceased’s final injury
- Interest on the awarded damages, calculated from the time of death.
Remember that New York law doesn’t allow any surviving family member to recover their personal damages from mental anguish, pain, and suffering, or loss of companionship.
Who’s allowed to file a wrongful death lawsuit?
According to New York law, wrongful death cases must be filed by the executor or personal representative of the deceased person’s estate. In contrast to another neighboring state, New York law prohibits family members of the deceased from filing wrongful death lawsuits. A family member who is also the executor of the deceased person’s estate, on the other hand, can seek legal redress through a wrongful death claim.
How long do you have? Do you have to fill out and file a wrongful death lawsuit?
In New York, wrongful death lawsuits must be filed within a certain time frame, also known as the “statute of limitations.” A wrongful death case must be filed within two years of the person’s death under this statute of limitations. There are, however, a few exceptions to this two-year limit, including:
- If the death resulted from medical malpractice, New York law allows you to file a wrongful death case within two and a half years.
- If the responsible party has a pending criminal case resulting from the event responsible for the death, the New York statute of limitation is set at a year from the date their criminal case is closed.
Wrongful death cases are complicated, and the law is constantly changing. It’s always a good idea to consult a wrongful death attorney like Gregory Spektor & Associates in Queens, NY when considering a wrongful death case. Our knowledgeable wrongful death attorney can explain how the law will apply to your specific situation.
How similar are personal injury and wrongful death lawsuits?
There are multiple similarities between a personal injury and a wrongful death lawsuit. Most notably, wrongful death and personal injury claims fall under tort law. According to this law, the plaintiff must successfully prove several things to pursue personal injury and wrongful death claims. That includes:
- The defendant owed a duty of care to the victim
- The defendant breached the duty of care
- The breach of duty resulted in the plaintiff’s injury or death
Wrongful death and personal injury lawsuits apply to many types of accidents. Some of the most common examples include motorcycle accidents, trucking accidents, medical malpractice, motor vehicle accidents, workplace accidents, falls, and slips.
What’s the difference between a personal injury and a wrongful death claim?
While both are legal claims based on someone’s negligence, the victim of a wrongful death lawsuit is no longer alive, so the injury is borne by the decedent’s estate. On the other hand, the victim of a personal injury case suffers bodily harm as a result of the wrongful act or negligence.
The statute of limitations for wrongful death and personal injury lawsuits may differ depending on the circumstances of the accident. The statute of limitations for personal injury cases is three years from the date of the accident, while wrongful death cases must be filed within two years of the death date.
For example, if a person is injured in a car accident, he or she must file a personal injury claim within three years. If the person dies from the injuries two months later, the death date may become the new date to begin the statute of limitations in New York. That means the estate personal representative of the deceased person must file the wrongful death claim within two years.
Regardless of the distinctions, wrongful death and personal injury lawsuits involve complex factual and legal issues. Because New York’s statute of limitations imposes strict conditions, you’ll need to consult an experienced lawyer to help you understand each legal claim.
Looking for a personal injury or wrongful death attorney in Queens, NY? Gregory Spektor & Associates are here for you!
Gregory Spektor & Associates is committed to assisting victims of negligence in New York in pursuing all applicable legal claims through a personal injury claim or a wrongful death lawsuit. If you have been injured or a loved one has died as a result of negligence in New York, call 1(888) 797-7735 to schedule a free consultation and have all of your questions answered.
