Negligent actions can have a wide range of effects on others, and sometimes, may even result in tragedy. If you or a loved one has fallen victim to negligence, knowing the difference between personal injury and wrongful death claims is crucial to making certain justice is upheld. In Lexington, KY, the Thompson Law Office provides local clients with unbeatable legal advice along with an individualized perspective on their cases. The following are few key differences between personal injury and wrongful death. Personal Injury Personal injury claims occur when an injury happens as a result of someone’s carelessness. The primary goal of a claim entails seeking compensation for any bodily harm incurred. In order to prove that a person’s actions were negligent, an attorney must show that he or she behaved in an unreasonable manner when compared to another person in a similar situation. Several types of negligence can result in physical harm. Drunk drivers, property owners that neglect necessary upkeep, careless medical providers, and manufacturers of defective products all fall within the category of potential personal injury claims. If negligence can be established, an appropriate settlement will be calculated. These amounts usually factor in loss of income, medical expenses, and other related costs.
Conversely, a wrongful death claim is filed on behalf of a loved one in the event of his or her untimely death, and subsequent claims allege that another party’s negligent actions directly resulted in a person’s death. Compensation is sought by the family on behalf of the victim and can include things like loss of income, pain and suffering, and even loss of companionship. Unlike personal injury cases, which are based on previous rulings, wrongful death law is based on existing statutes. That means the law cannot be interpreted by the court on an individual basis, which limits the ability of attorneys when making a case. Offering extensive legal experience combined with a dedication to meeting client needs, Thompson Law Office will work diligently to secure the best possible outcome for your case. Schedule your consultation with a Lexington lawyer today by calling (859) 280-2222. If you’d like more information on making a personal injury claim, contact the firm on their website.