How Is a Wrongful Death Lawsuit Different from a Personal Injury Case?

A personal injury claim is the result of someone being injured due to someone else’s negligence. Wrongful death lawsuits generally would have been a personal injury claim, had the victim survived.

Thus, the main difference between a personal injury case and a wrongful death case is who files the claim—since a wrongful death victim can’t file a claim for themselves, a family member must do so on their behalf. If your loved one has died as a result of someone else’s reckless behavior, your lawsuit likely qualifies as a wrongful death.