What is the difference between personal injury claims and wrongful death claims?

FREE CASE EVALUATION

  • We’ll win or it’s free.
  • 200+ 5 Star Reviews
  • 5000+ Cases Prepared for Trial

What is the difference between personal injury claims and wrongful death claims?

Personal injury claims and wrongful death claims are two types of tort cases that arise when a person is injured or dies due to the negligence or intentional act of another person, company, or other entity. In strict liability cases, negligence or intent is not required to bring a personal injury or wrongful death claim. If your loved one died, you may be wondering how a wrongful death claim is different from a personal injury claim. This blog will provide the answer. The easiest way to get reliable answers and sound legal advice regarding your particular case is to consult a personal injury lawyer. A New York City accident attorney from The Law Office of Richard M. Kenny can evaluate your situation for free and provide comprehensive guidance. Contact our firm to schedule a consultation.

How Do Personal Injury Claims and Wrongful Death Claims Differ?

There are two major differences between personal injury claims and wrongful death claims: who may file the claim and what kinds of damages they may recover. When it comes to personal injury cases, the actual accident victim is the one who brings the claim against the liable party.

If the victim died from the injuries, though, certain surviving family members can file a wrongful death claim against the individual or organization responsible for the incident. In the state of New York, potential plaintiffs in wrongful death cases include the spouse, parent, or child of the deceased or the personal representative of the estate.

Damages in Personal Injury Claims vs. Wrongful Death Claims

Accident victims filing a personal injury claim may recover compensation for past and future medical expenses, lost wages, property damage, loss of earning capacity, mental anguish, and pain and suffering. Additionally, their spouse may be able to recover compensation for loss of consortium. In rare cases involving especially reckless conduct or malicious behavior, punitive damages may also apply.

Plaintiffs in wrongful death lawsuits can seek compensation for:

  • Hospital bills;
  • Funeral and burial expenses;
  • Lost income and benefits;
  • Loss of anticipated inheritances;
  • Loss of care, comfort, and companionship; and
  • Pain and suffering.

Depending on the circumstances of the death, punitive damages may also apply.

Contact Us For A Free Case Review

Contact our Firm to Discuss Your Case with a New York City Personal Injury Lawyer

If you were hurt or lost a family member in a preventable accident and want to hold the liable party financially accountable, turn to a personal injury attorney at The Law Office of Richard M. Kenny. We have recovered more than $100 million for our valued clients in successful settlements and verdicts. Our legal team will evaluate any evidence you have gathered, perform a thorough investigation, and help you fight for the full compensation to which you are entitled. Contact our firm to schedule a free consultation with an accident lawyer in New York City.

Recent Blog Posts

What Makes Car Accidents Involving Commercial Trucks Different?
An auto accident of any kind has the potential to be devastating. Unfortunately, certain crashes are traditionally more damaging than others. For example, car accidents involving commercial trucks are usually… Read More
Compensation for Car Accidents Involving Criminal Acts
There is nothing worse than being involved in an accident of any kind, let alone one caused by the negligent act of another. However, what if you were injured due… Read More
Can I Sue for Lost Future Earnings After a Car Accident?
There is nothing worse than sustaining a serious injury in a car accident. These injuries can impact a person's life immediately, but can continue to impact the individual for months… Read More
What Pictures Should I Take After a Car Accident?
There are few things more jarring than being involved in a car accident. Because they often happen with little to no warning, those who are involved sometimes freeze up in… Read More
How Long Do I Have to Sue a Driver for an Accident in NYC?
There are few things worse than sustaining a serious injury in a car accident, especially in an accident that happened as a result of someone else's negligence. Unfortunately, most car… Read More
How Common Are Intersection Collisions in NYC?
There are few things worse than sustaining an injury in a car accident. Unfortunately, people are critically injured in these accidents every single day here in New York City. There… Read More
What Makes Car Accidents Involving Commercial Trucks Different?
An auto accident of any kind has the potential to be devastating. Unfortunately, certain crashes are traditionally more damaging than others. For example, car accidents involving commercial trucks are usually… Read More
Compensation for Car Accidents Involving Criminal Acts
There is nothing worse than being involved in an accident of any kind, let alone one caused by the negligent act of another. However, what if you were injured due… Read More
Can I Sue for Lost Future Earnings After a Car Accident?
There is nothing worse than sustaining a serious injury in a car accident. These injuries can impact a person's life immediately, but can continue to impact the individual for months… Read More
What Pictures Should I Take After a Car Accident?
There are few things more jarring than being involved in a car accident. Because they often happen with little to no warning, those who are involved sometimes freeze up in… Read More
How Long Do I Have to Sue a Driver for an Accident in NYC?
There are few things worse than sustaining a serious injury in a car accident, especially in an accident that happened as a result of someone else's negligence. Unfortunately, most car… Read More
How Common Are Intersection Collisions in NYC?
There are few things worse than sustaining an injury in a car accident. Unfortunately, people are critically injured in these accidents every single day here in New York City. There… Read More

MEMBERSHIPS AND AWARDS

Trial Lawyers University

THE LAW OFFICE OF RICHARD M. KENNY

Whether you need a car accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

FREE CASE EVALUATION

If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

"*" indicates required fields

TRANSIT INFORMATION:

34 St. - Herald Sq (0.13 mi)
St. - Penn Station (0.17 mi)
34 St. - Penn Station (0.35 mi)