Following an accident, navigating the complexities of the legal system can be overwhelming. However, taking the time to understand the key distinction between personal injury and wrongful death claims in New Jersey is crucial. While both cases stem from harm caused by another party’s negligence or wrongful actions, they serve different purposes. Please continue reading as we explore who is eligible to file each type of claim, what types of damages are available in each, and why connecting with our experienced Essex County Wrongful Death Attorneys is in your best interest.
What is a Personal Injury Claim?
A personal injury claim is a civil action that can be brought by an individual who has suffered an injury as a result of another party’s negligent or intentional misconduct. This type of lawsuit is designed to alleviate the financial burden on the injured party and restore them to their previous condition as much as possible. Through this claim, injured parties can recover costs related to medical bills, lost wages, pain and suffering, and other damages incurred due to the injury.
What is a Wrongful Death Claim?
When a loved one is tragically lost at the hands of another person’s negligence, a wrongful death claim can alleviate some of the financial burden associated with this untimely loss. It’s important to understand that wrongful death laws vary from state to state. Some states only allow the personal representatives of the deceased party’s estate to file a wrongful death claim. However, in New Jersey, certain family members who were financially dependent on the lost loved one are permitted to pursue a wrongful death lawsuit. These family members include spouses, parents, children, siblings, and grandchildren who rely on the deceased for financial support. When multiple parties are eligible to recover damages, the court will determine how much each party will receive based on several factors.
What Are the Key Differences?
The key difference between a personal injury claim and a wrongful death claim is that personal injury claims are filed by an injured party who is still allowed to seek compensation for their injuries, whereas wrongful death claims are filed by the surviving family members of the deceased to recover damages for their loss to another party’s negligence that caused their death. Alongside who files the claim, the damages sought are quite different. A wrongful death claim can include funeral expenses, loss of companionship, and loss of future income.
As you can see, both lawsuits involve harm caused by others, but wrongful death claims are focused on compensating survivors for their loss, while a personal injury lawsuit is centered on compensating victims for their direct harm. At the Law Offices of Christopher T. Howell, Esq. we are prepared to help you recover the maximum compensation award to help offset the financial burdens you are facing. Connect with our firm today for guidance and skilled representation during this difficult time.
