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June 10, 2025 | Uncategorized
If a person is injured in an accident, they may have the right to pursue a personal injury claim for medical expenses, lost income, and other related damages. But when a person dies because of someone else’s actions, the legal process takes a different path. Wrongful death laws exist to provide legal options for surviving family members, and these cases differ in several key ways from typical personal injury claims. While the purpose of both is to hold the at-fault party accountable, the procedures, types of damages, and eligible parties vary. Working with a Pembroke Pines, FL wrongful death lawyer can help families understand their rights after a fatal incident.
In a personal injury case, the injured individual is the one who files the claim. That person testifies, gathers evidence, and makes decisions about settlement or trial. When someone passes away, they obviously can’t take legal action themselves. Instead, a wrongful death lawsuit is usually filed by a personal representative of the deceased’s estate. This person acts on behalf of surviving family members, such as a spouse, children, or parents. The case is meant to compensate those who relied on the deceased for financial or emotional support.
Personal injury claims typically focus on the harm suffered by the injured person—hospital bills, lost income, pain and suffering, and reduced earning capacity. In wrongful death cases, the law shifts the focus to what the survivors lost because of the death. These losses can include funeral expenses, loss of companionship, and the loss of the deceased’s expected income over time. Some states also allow for damages related to the emotional impact on the family. While both types of cases can result in substantial settlements, wrongful death awards are often structured differently.
Personal injury and wrongful death claims each have statutes of limitations that establish the deadline for filing a lawsuit. In some states, the timeline for wrongful death claims is shorter or begins at a different time—for example, from the date of death instead of the date of injury. That difference can affect whether a claim is still valid. Filing too late can mean losing the right to seek compensation altogether, which is why it’s important to take timely action.
The legal standard in both personal injury and wrongful death cases requires showing that the other party was at fault. But the way we build a case can vary. In wrongful death lawsuits, we often work with medical professionals and financial experts to demonstrate both the cause of death and the value of future lost income. We may also rely on testimony from family and friends to show the emotional toll of the loss. In contrast, personal injury claims tend to focus more on physical injuries and recovery records.
We’ve represented clients who’ve lost loved ones in car crashes, premises liability incidents, and cases involving negligent security. We also offer contingency-based representation, which means our clients do not pay upfront fees and only owe attorney fees if we recover compensation. These cases often involve significant financial consequences for the family, and it’s important to build a solid claim from the start.
Wrongful death law provides a path for families to seek compensation after a loss, but the process differs from a standard personal injury claim. From who can file to what damages are available, the legal path looks different in important ways. If you’ve lost someone due to another party’s actions, we’re here to help you weigh your options and protect your interests. Our attorneys at Newman Injury Law, PLLC can answer your questions and offer guidance. Speak with a team that understands how to support you through this process—contact our legal team today..