Did you know that it’s possible to have both a personal injury claim and a wrongful death claim based on the exact same accident?
Take a look at these scenarios:
- Slip and fall. Car crash. Trip and fall. Medical malpractice.
- Any one of these accidents can “declare victory” in two different courtrooms while seeking justice on behalf of the victim and/or their family members.
The results are different, yes. But they also have a lot in common.
Let’s dig into why…
What’s Inside:
- What Is a Personal Injury Case?
- What Is a Wrongful Death Claim?
- How Both Claims Stack Up Legally
- Both Are Driven By Negligence
- Potential Damages for Both Claims
- Why Slip and Fall Lawyers Are Key
Let’s Go
What Is a Personal Injury Case?
First off: what even is a personal injury case?
Essentially, it’s any time a victim is injured due to someone else’s negligence.
Slip and fall accidents, catastrophic injuries from car accidents, negligence during medical procedures – they all fall under this heading.
The victim files a lawsuit seeking damages for medical costs, lost wages, pain and suffering, and more.
Simple enough, right?
But wait — there’s more. Because of wrongful death claims.
What Is a Wrongful Death Claim?
Building off the previous example, wrongful death claims happen when someone dies because of another party’s negligence.
Instead of the victim filing a claim, their surviving family members file one on their behalf (or someone files on behalf of their estate).
In a sense, wrongful death lawsuits can be thought of as an unfinished personal injury claim.
Because someone died.
(Seriously. The victim passing away is the deciding factor between these two.)
As might be expected, wrongful death and personal injury have plenty of similarities.
That’s why working with a dedicated Houston Personal Injury Lawyer as soon as a slip and fall accident occurs is so important. Because if negligence was the cause of the injury that ultimately led to death, then an attorney can help file a wrongful death claim in addition to a personal injury claim. The foundation of both claims is the same: proof that negligence occurred.
How Both Claims Stack Up Legally
All joking aside, here’s what happens legally.
When it comes to personal injuries and wrongful death claims, both share the same elements of proof. To win a case, the following must all be proven:
- The defendant had a duty to care for the victim
- They breached that duty through carelessness
- Their carelessness caused the injury
- It resulted in measurable damages
While the damages vary based on whether a victim survived their injury or not, proving negligence is one hundred percent required to win.
Falls are the leading cause of traumatic brain injury, which can create both personal injury claims for victims and wrongful death claims if that injury proves to be fatal. When negligence was the underlying cause of the slip and fall, then there is a strong basis for legal action either way. The duties of care that exist in most slip and fall situations are ironclad: property owners MUST maintain safe conditions for visitors and customers. If they don’t, then they don’t meet the legal standard of care.
Both Are Driven By Negligence
Negligence.
It’s the fuel that feeds both personal injury and wrongful death claims.
Here’s a slip and fall example to make things really click:
A store fails to put out a “Wet Floor” sign after mopping. Someone comes in, slips, falls, and breaks their arm. Because the owner was negligent in their duty of care, there is now a legitimate claim against their company.
But what if the victim slipped, hit their head, and died?
There would still be a claim. But instead of the victim filing it, their family would.
Both claims are anchored by that negligent act.
Here’s the difference…
In a personal injury case, the injured party files the lawsuit.
In a wrongful death claim, the victim’s family (or estate) files it.
Other than that, same difference.
Potential Damages for Both Claims
Speaking of differences: here’s where the two types of claims really diverge.
With a personal injury claim, damages like medical bills and lost wages can be recovered. Pain and suffering. Emotional trauma. That sort of thing.
With a wrongful death claim, reimbursement covers things like funeral expenses and loss of companionship.
Oh — and don’t forget about medical bills leading up to the deceased passing away. Those can be recovered under a wrongful death claim too, because they fall under the category of “damages incurred because of the defendant’s negligence.”
(Some lawyers refer to these as “survival claims” because they speak to the victim’s experience before they died.)
Point is, if the accident leads to death, then it’s possible to pursue both types of claims. Which means doubling total damages.
Why Slip and Fall Lawyers Are Key
Not every injury lawyer cares about wrongful death claims.
And if they don’t, that could come back to haunt families later.
Why?
Slip and fall accidents can lead to personal injury claims. They can also lead to wrongful death claims.
The right lawyer will pursue both angles if a case demands it. Left unchecked, there’s a chance that an attorney may only focus on filing one claim and leave the rest on the table.
Here’s something to consider: every 11 seconds someone in the U.S. trips and falls.
That’s 273,000 people PER YEAR who are dealing with an injury that could require the help of an attorney.
Trip and fall accidents send more than 200,000 people to the emergency room each year. They are also the leading cause of accidental death for people aged 65 and older. That doesn’t even include workplace slip and fall accidents, which account for tens of thousands of injuries every year.
The point is clear.
These are common injuries with wide-reaching ramifications.
The right lawyer can help navigate both personal injury and wrongful death claims. They know how to build a case and prove the facts based on established duties of care.
That last part is important. Because in order to win, negligence must be proven in the first place. Understanding how that duty of care was broken — and why the accident was their fault — is the jumping off point for any potential settlement negotiations or court case.
The Final Word: Know Your Options
Personal injury claims and wrongful death lawsuits have more in common than most people think.
Both stem from negligent acts. Both must prove that negligence in order to win. And many of the laws surrounding both read nearly identically.
The only thing that changes is who files the claim.
When accidents happen, knowing rights and understanding every legal option available is the first step. Only then can the right course of action be determined for each unique situation.