Although personal injury and wrongful death claims are both civil actions, there are some key distinctions. Please continue reading to learn how these legal claims differ and how our experienced Manatee County Wrongful Death Lawyers can help you seek the compensation you deserve.
What’s the Difference Between a Personal Injury & Wrongful Death Claim?
Understanding the differences between personal injury and wrongful death claims can help you determine which one is right for you. While personal injury claims are pursued by the injured party, wrongful death claims are pursued by eligible survivors of the deceased person. In Florida, dependent and immediate family members such as spouses, parents, and children of the deceased are eligible to seek damages for their loss, as long as one of these parties is named as the personal representative of the deceased person’s estate.
In a personal injury claim, you are limited to damages resulting from the injuries as well as your pain and suffering. With wrongful death claims, plaintiffs can pursue compensation for funeral expenses, lost financial support from the deceased person, loss of companionship, and loss of consortium. Florida courts allow surviving family members to recover damages for the tangible and intangible aspects of loss endured by the deceased before their untimely passing. Essentially, these damages are aimed at compensating the survivors for their losses.
What is the Statute of Limitations?
It’s important to understand that you can face the absolute bar of recovery if you wait too long to pursue legal action against an at-fault party. Like every state, Florida imposes a strict time limit called the statute of limitations on filing a lawsuit. The statute of limitations for personal injury cases is typically two years. Similarly, the statute of limitations for filing a wrongful death claim is generally two years.
If you miss the deadline, you will waive your rights to pursue compensation for the damages you’ve endured as a result of another party’s negligent or intentional actions. If you are nearing the deadline for filing your claim, you should consult a knowledgeable attorney to understand your legal options.
As you can see, there are several differences between these types of cases. Given the complexities of these cases, it’s in your best interest to enlist the help of an experienced attorney from Becker & Lindauer, LLC. Our legal team is dedicated to ensuring that you receive the full compensation to which you are entitled. We are prepared to analyze every aspect of your claim to secure a settlement that reflects the full extent of your loss and suffering. Connect with our firm today to learn how we can fight for you.
