Understanding the Difference Between Personal Injury and Wrongful Death Claims

Accidents caused by another person’s or entity’s negligence can have two types of outcomes. The accident victim will suffer injuries or succumb to their injuries. The outcome of the accident is key to understanding the difference between personal injury and wrongful death claims.

In a personal injury claim, you can seek damages for yourself or a loved one injured in the accident. In a wrongful death claim, you seek damages for the family who survives the loss of the injured party. A personal injury lawyer can help you file either type of claim and most will do so without requesting any upfront or out-of-pocket costs to you.

Negligence Forms the Basis for Personal Injury and Wrongful Death Claims

Legal advice for personal injury and wrongful death cases

Personal injury and wrongful death claims are both based on negligence and each type of claim requires proof of the following legal elements to move toward compensation:

• Duty of care
• Breach of duty
• Causation
• Damages

Causes of Injury and Death Claims

Personal injury and wrongful death cases can stem from many different types of accidents. You could have the basis for an injury claim if any of the following accidents are the result of someone’s negligence:

• Auto accidents
• Bicycle accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• Medical malpractice
• Slip, trip, and fall
• Funeral home negligence
• Dog bite or attack cases

To recover damages, our lawyers have to prove the accident was caused by negligence, carelessness, or recklessness. A robust evidence collection can tell the story of your accident and establish your right to financial compensation.

Personal Injury and Wrongful Death Cases Both Require Persuasive Evidence

Recovering damages for an accident injury or demise means proving the cause of the accident, including its sequence of events. Evidence we can draw on includes: 

• Official records and reports
• First responder observations
• Notes, diagrams, and photos
• Accident scene reconstruction
• Lay and expert witness statements
• Death certificates and forensic evidence
• Medical records
• Medical bills
• Proof of income
• Bills and receipts

The type of accident you or a loved one was involved in will also generate case-specific evidence. The evidence for a truck accident claim, for example, will include logbooks, training records, and driving history, while a dog bit claim could include animal control records. You can get help collecting the evidence your claim needs with guidance and direction from a local law firm.  

Types of Recoverable Damages You Can Request With a Personal Injury Claim

Personal injury claims allow you to seek damages for your post-accident expenses and losses from the person or entity whose negligence caused the accident. You can recover economic damages (tangible, measurable, and readily documented), including:

• Past and future medical bills 
• Any forms of lost income, including lost earning potential
• Property damage, damage to property value

You can also recover many types of non-economic damages, which can be harder to document and assess on your own. They typically include:

• Disfiguring injuries
• Emotional trauma
• Mental anxiety
• Pain and suffering
• Physical disability
• Diminished quality of life

If you were hurt in a car accident, many of your medical expenses and lost wages could be covered by personal injury protection (PIP) insurance. If your injuries are deemed catastrophic, you could be entitled to compensation beyond PIP’s limitations.

Types of Recoverable Damages You Can Request With a Wrongful Death Action

The loss of a loved one can have a serious and sudden emotional and financial impact on your family. You can hold the at-fault party accountable for your family’s financial losses. While nothing can atone for your loss, you can recover the following wrongful death damages:

• Burial, cremation, and funeral expenses
• Loss of the decedent’s financial support 
• Loss of the decedent’s domestic contributions
• Loss of consortium and companionship
• Loss of the care, protection, guidance

Per Florida Statutes § 46.021, a cause of action survives the decedent, allowing your family to file a survival action. Accordingly, your loved one’s estate could recover all the damages your loved one would have been entitled to had they survived to file a personal injury claim. 

Florida’s Statutes of Limitations in Personal Injury and Wrongful Death Cases

The statute of limitations defines how much time you have to file your lawsuit. In 2024, Florida reduced its personal injury statute of limitations from four years to two years, according to Florida Statutes § 95.11. The statutory clock starts running on the date the accident occurred.

The wrongful death statute of limitations is also generally two years, starting from the date of a loved one’s demise. The victim’s age and other factors could extend the filing deadline, per Florida Statutes § 95.051. Failing to meet the filing deadline could prevent you from filing your lawsuit at all.

If you are suing a municipality, you have six months to provide written notification of your claim within six months from the date of the accident, according to Florida Statutes § 768.28(6)(a)(1).

Understanding Who Can File a Personal Injury or Wrongful Death Claim 

Personal injury and wrongful death lawsuit process

A personal injury attorney can help you navigate personal injury and wrongful death claims. The parties that can bring a civil action after an accident differ in each type of case. A personal injury case can be filed by:

• The injured party and their representative
• The injured party’s parent or guardian (if they are a minor)

In a wrongful death claim, legal action can be taken by the representative of the decedent’s family. Additionally, family members who can recover wrongful death compensation include the decedent’s parents, spouse, and children.

Get Legal Support for Your Personal Injury or Wrongful Death Claim 

If you or someone you love was injured, or a loved one was fatally injured due to another person’s or entity’s negligence, our legal team can help you get financial compensation. 

With support from our legal team, you can start understanding the difference between personal injury and wrongful death claims and which is right for you and your family. Get started today by calling (954) 633-8270 to reach one of our team members at the Law Offices of Wolf & Pravato.