When accidents result in physical injuries, emotional distress, and financial burdens, victims and their families may seek compensation through the civil justice system. Two common types of claims that can arise from such incidents are personal injury and wrongful death. Although both types of claims are based on the concept of negligence, they have unique requirements. Please continue reading as we explore the key differences between these claims and how an experienced Chesterfield County Wrongful Death Lawyer can help you fight for the maximum compensation to which you are entitled.
What Are the Key Differences Between a Personal Injury & a Wrongful Death Claim?
If you are considering filing a claim against a negligent party, understanding the distinctions between personal injury and wrongful death claims will help you determine which is appropriate for your situation. The following are some of the key differences between these claims:
- Basis of the claim: In a personal injury case, the plaintiff is the party who directly experiences the harm, while in a wrongful death case, the surviving family members of the deceased suffer the consequences of the death, which makes them the primary beneficiaries of the lawsuit.
- Eligibility to file: In a personal injury claim, the injured party files the lawsuit, whereas, in a wrongful death claim, the deceased person’s legal representative files the claim on behalf of the estate. In South Carolina, not everyone is eligible to file a wrongful death claim after losing a loved one.
- Damages sought: While a personal injury claim seeks compensation for an injured party’s medical expenses lost wages, pain and suffering related to the injuries they’ve endured, whereas a wrongful death claim seeks compensation for losses suffered by the surviving family members due to the deceased’s death, including burial expenses, loss of companionship, and loss of financial support.
What is the Statute of Limitations?
Like every state, South Carolina imposes a strict timeline called the statute of limitations on filing a lawsuit. The statute of limitations for most personal injury cases is three years. Similarly, the statute of limitations for filing a wrongful death claim is three years. If you wait too long to file a claim against the at-fault party, you risk facing the absolute bar of recovery. Essentially, missing this strict deadline means you relinquish your right to pursue compensation for the damages you incurred. If you are nearing the dealing to pursue a claim, it’s advisable to consult with a knowledgeable attorney who can help you explore your legal options.
At the Cockrell Law Firm, P.C. we understand how difficult of a time this is for you, and we are here to do everything in our power to get you the justice you deserve. Connect with our firm today to learn how we can fight for you.
