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Suffering a serious injury can lead someone to pursue civil compensation through a personal injury lawyer, aiming to recover for medical costs, lost wages, pain, and suffering. What happens if the injured person tragically later dies from those injuries (or complications thereof)? In that scenario, the nature of the legal claim may shift into a wrongful death case, with different legal rules, potential damages, and parties involved.

The Difference Between Personal Injury And Wrongful Death

At its core, a personal injury claim arises when an injured individual, still living, seeks redress from a negligent or abusive party. In contrast, a wrongful death case is filed on behalf of a deceased person’s estate or by surviving family members after the person’s death.

One nuance often arises in what’s called a survival action (or survival claim). A survival action is essentially the legal claim the injured person could have brought had they survived. When someone passes away, their estate may carry forward the claim for damages suffered before death (such as medical bills or pain and suffering before death). Meanwhile, the wrongful death claim seeks compensation for the losses to surviving loved ones (such as loss of support, funeral expenses, or loss of companionship)

So in some jurisdictions, two claims may coexist:

1. A survival claim (for what the victim suffered before death)
2. A wrongful death claim (for the harm to family or dependents)

How An Injury Case Can Turn Into A Wrongful Death Case

Here’s how the shift often happens:

1. Initial Personal Injury Claim Filed: A person is severely injured in a crash. They then file a personal injury lawsuit to receive compensation for the resulting medical expenses, lost wages/salary, cost of rehabilitation, etc.
2. Condition Worsens or Complications Arise: The injured party’s prognosis deteriorates over time, or during treatment complications arise. Unfortunately, they may pass away due to the original injuries. Despite being several weeks or months after the initial accident.
3. Death Before Resolution: If the person dies before the personal injury case resolves (or even before it is fully litigated), the legal posture changes. Now the claim for “injuries to the living” cannot continue in the same form.
4. Transitioning into Wrongful Death / Survival Claims: In this situation, the survivors of the deceased or the executor of their estate have the option to alter the case. The details and documents that were part of the original suit are often applicable to the new suit, while new details around the death are included.

Our friends at Disparti Law Group can share that because of these changes, legal strategy, valuation, and even who can sue may be affected.

Legal Issues That Change In The Transition

Who can sue? In a personal injury case, the injured person is the plaintiff. After death, only certain parties may bring a wrongful death action, often a personal representative of the estate or specific family members (spouse, children, parents), depending on state law. Statutes of limitation for wrongful death claims often differ from those for personal injury claims, and time may run from the date of death rather than the date of injury. Failing to heed the proper deadline may bar a claim. In a personal injury claim, the focus is on what the person suffered: medical expenses, lost wages, pain and suffering, etc. However, in wrongful death claims, damages often include funeral and burial costs, loss of financial support, loss of guidance or companionship, and sometimes punitive damages (if allowed). The survival claim (if applicable) recovers what the decedent would have claimed had they survived (e.g. medical bills, pain before death).

We understand how a tragic death can complicate what began as a personal injury case and are equipped to transition representation, coordinate estate matters, and pursue full justice for surviving loved ones. If you or your family are dealing with this kind of situation, talk to a lawyer in your area today to explore your options.