Personal Injury/Wrongful Death
Personal Injury
Personal injury involves an individual’s suffering or physical harm as the
result of another's wrongdoing. The personal injury may result from an accident
or other adverse event. There are things an individual can do to enhance the
strength of a personal injury claim:
- Write down as much as you can about the incident itself, your injuries, and any other losses (such as wages) that you have suffered as a result of the accident.
- Make notes of conversations that you have with people involved in the accident or the injury claim.
- Preserve evidence regarding who caused the accident and what damage was done by collecting physical evidence and taking photographs.
- Locate and keep a record of individuals who witnessed the accident and who might be able to help you prove your case.
When the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury. Medical expenses including hospital expenses, medications, and therapy may be recovered. The amount of compensation is largely based on the severity of the victim’s injuries. The severity of loss is measured by the amount of medical bills, the type of injuries sustained, and the length of time for recovery. In addition, in cases of extreme negligence, punitive damages may be recovered to ensure that the conduct is not repeated in the future.
A wrongful death action is separate from criminal charges, and neither proceeding affects nor controls the other. This means that a defendant acquitted of murder may be sued in a civil action by the victim's family for wrongful death.
Wrongful Death
In general, a wrongful death is a death caused by the negligence, recklessness, malpractice or inaction of another. The death may be the result of an accident or other adverse event. Wrongful death cases are usually brought by close relatives of the deceased. Wrongful death lawsuits usually require the following vital elements to prove the defendant’s guilt:
- The person’s death
- The defendant has exercised such neglectful acts, misconduct, omission or malpractice that causes death
- The surviving family members suffer financial burden due to the loss of their loved one
- The appointment of a legal counsel for the decedent’s assets
Damages may include:
- Cost of medical treatment and funeral services
- Lost wages, including benefits, inheritance and future earnings
- Physical and emotional pain and anguish
- Companionship loss
- General damages and interests
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