A wrongful death claim differs from other types of personal injury cases in several ways. Both are based on the financial consequences of another person’s or entity’s negligent actions. While all personal injury cases stem from negligence, a wrongful death case—which is a type of personal injury case— involves the death of a loved one.
Because the injured party did not survive the accident, these two types of cases also differ based on who can seek financial recovery and what damages they qualify for. In personal injury cases, the injured party sues on their own behalf. In wrongful death cases, their family members sue for compensation. A Dallas wrongful death lawyer can clarify the damages your family can recover and who can file the appropriate action.
Financial Compensation in Wrongful Death Versus Personal Injury Cases
Personal injury damages compensate the injured party directly. Wrongful death damages compensate the deceased person’s family. Nothing can fully atone for the loss of a loved one, but the at-fault party can be held accountable for the financial consequences of your loss.
Wrongful death damages can include:
- Loss of consortium and emotional support
- Loss of financial and domestic support
- Loss of companionship and guidance
- Funeral, burial, and cremation expenses
In very rare cases, you may also recover punitive damages based on the at-fault party’s actions. Your Dallas personal injury lawyer will inform you if your family is entitled to these additional damages and include them in your demand letter and settlement negotiations.
What You Need to Know About Survivors’ Benefits in Your Wrongful Death Case
In addition to wrongful death damages, you can also request compensation for the economic and non-economic damages your loved one could have recovered via a personal injury claim if they had survived.
Survivors’ damages include compensation for your loved one’s:
- Medical, rehab, and therapy bills
- Property damage or loss
- Lost wages and benefits
- Physical pain and suffering
- Mental and emotional distress
Your personal injury lawyer can file a survival claim on your family’s behalf. They can also collect receipts, documents, and records substantiating your case’s value.
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Common Personal Injury and Wrongful Death Cases
A case that may seem like a personal injury case at first can become a wrongful death case if the injured party succumbs to their injuries. Personal injury and wrongful death cases can arise from the following types of accidents:
- Oilfield accidents
- Medical malpractice
- Slip and fall accidents
- Motorcycle accidents
- Dangerous drug cases
- Construction accidents
- Motor vehicle accidents
- Defective product cases
- Dog bite or attack cases
- Truck accidents
Any accident caused by negligence entitles you to compensation. Your wrongful death attorney will assess the at-fault party’s action and your family’s recoverable damages.
Wrongful Death and Personal Injury Cases Rely on Proving Negligence
According to Texas Civil Practice and Remedies Code § 71.002, your loved one’s demise constitutes wrongful death if the at-fault party’s actions were negligent. To prove they were, your legal team will document the legal elements of negligence, including:
- Duty of care
- Breach of duty
- Causation
- Damages
Understanding and documenting these components can be challenging without legal guidance and support. Your lawyer will collect evidence that indicates fault and drives your case toward an out-of-court settlement.
Evidence Similarities in Wrongful Death and Personal Injury Cases
Because both types of cases require proof of negligence, the evidence each requires can be similar. It will vary based on the type of accident, but evidence can include:
- Medical records and bills that describe the injuries your loved one suffered and their cause of death
- Accident scene, smartphone, security, and surveillance camera footage
- Police, incident, and other official reports that captured the details of the accident in its immediate aftermath
- Statements from eyewitnesses to the accident, expert witnesses, and accident reconstruction specialists
- Employment history and tax records that prove the monetary value of the decedent’s current and future income
Let your lawyer handle evidence collection. They will bring a pool of investigators, resources, and team members to your case.
Your Lawyer Will Gather Emotionally Triggering Evidence on Your Behalf
Some evidence in wrongful death cases can be emotionally challenging for the decedent’s family members. Your wrongful death lawyer will obtain the decedent’s medical records, autopsy results, and death certificate so you don’t have to.
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Get Help Understanding Texas’ Statute of Limitations on Wrongful Death Cases
The personal injury and wrongful death statutes of limitations are identical in Texas. According to Texas Civil Practice and Remedies Code § 16.003, each generally gives you two years from the accident date to file your lawsuit.
In wrongful death cases, the filing deadline can change based on the decedent’s age and certain actions the at-fault party takes. Even with these potential fluctuations, the filing deadline is mandatory, and missing it can jeopardize your wrongful death lawsuit.
If an attorney represents you, they can accurately interpret the statute of limitations and clarify the consequences of filing your lawsuit too late.
Additional Benefits of Hiring a Wrongful Death Attorney to Represent Your Family
Clarifying your type of case is only one advantage of working with a lawyer in your area. Additional reasons it is important to have a legal professional working on your case include their abilities to:
- Fight to protect your family’s rights
- Build a compelling wrongful death case file
- Identify and consult lay and expert witnesses
- Handle all paperwork and documentation
- Negotiate for the best possible financial settlement
Your lawyer will also provide you with ongoing updates on your case, so you and your family are not left wondering about its progress and outcome. With your attorney’s support, you can focus on caring for each other without losing valuable investigative and filing time.
Get Your Family’s Free Wrongful Death Case Review
If your family lost a loved one in a negligence-based accident, our wrongful death attorneys at Loncar Lyon Jenkins can help you build a strong case for monetary recovery.
Learn more about recovering favorable compensation for you and your family. Contact our consultation team to find out more and get started on your case.