Typically, both personal injury and wrongful death claims are based on the negligence of another person. Personal Injury claims differ from Wrongful Death Claims in two ways: 1) the party bringing the action; and, (2) the damages sought.
In a personal injury claim, the injured party brings the action. In a wrongful death claim, the personal representative of the estate or a survivor brings the action. The survivor may be the spouse, child or other relative dependent on the deceased.
Damages sought in personal injury claims typically include past and future medical expenses, lost wages, pain and suffering. The spouse may have a loss of consortium claim as well.
Damages sought by the survivor in a wrongful death claim typically include medical expenses, burial expenses, loss of future wages, and loss of care comfort and companionship.
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