When your loved one was injured in a medical malpractice event, car accident, or similar type of incident, you may have originally considered pursuing a personal injury case. But now they have passed away, and you are wondering about your legal rights and options.
You may have the right to pursue a wrongful death case on their behalf. Is wrongful death a personal injury, or are these two distinct types of legal cases?
A personal injury lawyer in Mobile, AL, can provide a more personalized answer to this question based on the specific circumstances of your loved one’s death. While wrongful death and personal injury are similar concepts, they have some distinctions that you should be aware of.
Wrongful Death and Personal Injury Have Similar Criteria
Wrongful death is a type of civil lawsuit filed by the estate representative (personal representative) of a person who died due to another party’s negligence, recklessness, or intentional act. Personal injury lawsuits are legal claims that arise when a person is injured due to another’s negligence, recklessness, or intentional act. As you can see, these two concepts have overlapping definitions.
Wrongful death is similar to personal injury, but Alabama treats wrongful death as a distinct cause of action, not a personal injury claim. However, a rule of thumb for determining whether you may have a wrongful death case is assessing whether your loved one would have had a personal injury case had they survived the accident. Though this is a general way of looking at these situations, and each case should be evaluated on its own facts. Both types of claims may involve meeting the following criteria:
- The defendant owed the plaintiff (or deceased person) a duty of care
- The defendant breached the duty of care
- The breach of duty of care caused an injury that led to damages
Both of these cases can also arise from the same types of incidents, such as:
- Car accidents
- Pedestrian accidents
- Medical malpractice
- Product liability incidents
- Slip-and-fall accidents
How Wrongful Death Differs From Traditional Personal Injury Cases
Wrongful death and personal injury claims both involve seeking compensation from a person or entity who is responsible for another person’s injuries and damages. They are both types of civil legal action that can escalate to court, if necessary, to reach a settlement or determination.
Is wrongful death a personal injury? There are a few notable distinctions between these two claims:
- Statute of limitations: The statute of limitations for a personal injury claim in Alabama is generally two years from the date of injury; for a wrongful death claim, it is generally two years from the date of death. Exceptions exist for both types of cases.
- Plaintiff: The plaintiff, or person pursuing a claim, in a personal injury case generally is the injured person. The plaintiff in a wrongful death case generally is a representative of the injured. In Alabama, in many cases, only the personal representative of the deceased person’s estate can file a wrongful death case, though the family members are often the ones who benefit.
- Damages: Personal injury damages seek to compensate the injured person for the losses they experienced from the injury, with a goal of making them “whole” again. They can include both economic and non-economic damages. In Alabama, the purpose of many wrongful death cases is to punish the liable party and set a precedent for others. Only punitive damages are available in many of these cases.
What Happens if a Person Initiated a Personal Injury Claim Before They Died?
In some cases, a person who was injured in an accident due to another person’s negligence passes away before they can see the outcome of their personal injury claim. Personal injury claims that have already been filed generally survive the death of the plaintiff; the plaintiff’s successor, such as their personal representative, can usually take over the claim and seek compensation on their behalf.
If the plaintiff died due to their injuries from the accident they were initially seeking compensation for, the family might be eligible to pursue a separate wrongful death claim to seek punitive damages. Speak with a personal injury attorney about your rights and options in this scenario.
Civil vs. Criminal Cases for Wrongful Death
Wrongful death cases can sometimes involve criminal actions.. For example, manslaughter and murder can result in criminal charges, and the personal representative of the victim may also be able to pursue a wrongful death case.
In some cases, the surviving family members must navigate both a criminal trial and a civil lawsuit at the same time. While the state is responsible for trying criminal cases, the family may still be involved as witnesses or want to attend the trial. An experienced wrongful death attorney can help the family seek wrongful death damages and navigate the civil litigation process during this overwhelming time.
The Burden of Proof for Personal Injury and Wrongful Death Cases in Alabama
For both personal injury and wrongful death cases in Alabama, the plaintiff must prove through a “preponderance of evidence” that the defendant’s wrongdoing caused the injury or death. This means that the plaintiff must show that it is more likely than not, with over 50% probability, that the defendant’s actions caused the damages.
This burden of proof is distinct from criminal cases involving death. For example, in Alabama homicide cases, the prosecution must prove guilt “beyond a reasonable doubt.” This means that in some cases, a defendant may be found not guilty for criminal acts involving death yet still be held liable for the decedent’s death through a civil claim. A wrongful death attorney can help you understand this legal distinction and whether you may have a viable civil case.
Seek Legal Assistance With Wrongful Death Claims in Alabama
Is wrongful death a personal injury? These two types of cases have many similarities and a few important distinctions. If your loved one passed away due to another person’s negligence or intentional act, an attorney can help you understand your rights and options.
At Jackson & Foster Law, we represent clients through personal injury lawsuits, wrongful death claims, and related civil matters. For affordable legal services, request a free consultation today by calling 251-433-6699.
