When a devastating accident happens and someone suffers catastrophic injuries, it can be difficult to understand the available courses of action for seeking compensation. In particular, when you lose a loved one because of another party’s negligence, determining the type of claim you should file can be complicated when you are searching for information about lawsuits and compensation after a fatal injury.
You might find information about both personal injury lawsuits and wrongful death claims. These types of lawsuits are closely related, and I regularly assist families who are seeking financial compensation after a serious or deadly accident. At the same time, I want to help you understand some of the ways that these claim differ.
Personal Injury Lawsuits are Typically for Nonfatal Injuries While Wrongful Death Claims are for Fatal Injuries
The most obvious way in which personal injury lawsuits and wrongful death lawsuits are different is this: Personal injury lawsuits are typically for nonfatal injuries, while wrongful death lawsuits are the type of claim filed after fatal injuries. Both personal injury lawsuits and wrongful death lawsuits can arise from a negligent act or omission by another party (from a car accident to medical malpractice, for example), but the type of claim you file will typically depend upon whether the accident resulted in nonfatal or fatal injuries.
Party Who Files the Lawsuit Will Be Different
In a personal injury lawsuit, the party who files the claim is typically the party who has suffered the injury. So, for instance, if you were injured in a motor vehicle collision, you would be the one who filed a lawsuit against the at-fault driver. Accordingly, you (as the injured person) would also be the party who would receive damages.
Differently, in a wrongful death lawsuit, Ohio law requires the “personal representative” of the deceased to be the one who files the claim. To be clear, the personal representative can seek damages on behalf of the deceased’s family, but the personal representative must be the party who actually files the wrongful death lawsuit.
Clocks on the Statutes of Limitations Start Ticking at Different Times
For most personal injury and wrongful death lawsuits in Ohio, the statute of limitations is two years. However, the clock on a personal injury case and a wrongful death case start “ticking” at different points. In a personal injury case, the two-year window begins on the date of the injury, while in a wrongful death case, the two-year window starts on the date of the deceased’s death.
Call My Office for Help with Your Personal Injury or Wrongful Death Lawsuit
Personal injury and wrongful death cases are incredibly difficult no matter what the circumstances are surrounding the accident and injuries. Whether you suffered serious injuries yourself in an accident and need help filing a claim, or you recently lost a loved one because of someone else’s negligent or reckless behavior, I’ll Make Them Pay!® I want to do everything I can to help Ohio residents with personal injury and wrongful death lawsuits, and I can get started on your case today. Do not hesitate to call me at 877.614.9524 to learn more about your options for seeking financial compensation after a serious or fatal accident.