After sustaining severe damage to the body, the victim of a car accident might have his or her life cut short. What happens if someone dies amid a personal injury case?
A wrongful death case is similar to a personal injury claim, except that the claimant has died from his or her injuries. Getting a basic understanding of what goes into both a personal injury and wrongful death claim can prove beneficial.
What makes a personal injury claim viable?
Not all accidents rise to a legal standard required by personal injury claims. To file a personal injury action, the claimant or victim needs to demonstrate that the defendant acted recklessly or negligently and that this is the cause of the accident. Absent this standard, an accident claim does not move forward.
What is a wrongful death claim?
If a litigant begins the personal injury claims process and meets the standard of proof, when he or she dies, the case may transfer into a wrongful death case. However, a wrongful death claim requires not only negligence but for the person filing it to have standing. Loved ones, including spouses, children, adult siblings and parents can often prove standing to continue a personal injury case as a wrongful death suit.
What does the court need in a wrongful death case?
As in personal injury claims, a wrongful death action requires the claimant to demonstrate that the negligent driver caused the damage to his or her body. The connection between the accident, negligence and injury must remain at the forefront of a wrongful death action.
A wrongful death case can help survivors to receive the financial compensation they need to continue forward in the wake of their loved one’s untimely death.