Are you wondering if Chicago’s personal injury & wrongful death attorneys are similar or different? Although the claims are identical, there are a few differences to consider!
A personal injury claim is demanded by personal injury attorneys for monetary reimbursement for injuries sustained because of another party’s carelessness, and the injured party is still alive.
In a wrongful death case, the person passes away in a tragic accident due to another party’s negligence, and a wrongful death attorney pursues the claim.
Accidents that result in life-threatening and acute injuries can be detrimental to both victims and families.
Therefore, a Chicago wrongful death attorney might assist you in comprehending which type of claim will be attainable for your case and how to demand reasonable compensation for your damage.
Personal Injury Claim: Overview
Civil negligence claims include lawsuits for personal harm. It occurs when someone physically hurts another person due to their functions or lack of action.
Some of the leading examples of personal injuries are back injuries, dog bits, burn injuries, broken bones, and head trauma.
The major types of personal injury claims are car accidents, slip-and-fall accidents, medical negligence, motor vehicle accidents, and defective products.
How to Establish a Personal Injury Claim in Chicago?
To make a successful personal injury claim, you have to corroborate the 4 things below:
- You suffered an injury.
- The defendant owed you a duty of care.
- The defendant acted hastily, negligently, or recklessly.
- There’s a connection between the defendant’s careless actions and your injury, implying they are liable or primarily liable for your damages.
To prove a personal injury claim in Chicago, attorneys gather the below-mentioned evidence:
- Witness statements
- Medical records
- Receipts and other records are used to prove losses, such as wage loss.
- Video footage or pictures from the accident scene.
Wrongful Death Claim: Overview
A wrongful death means a person is killed in a tragic accident due to someone else’s negligence, and the surviving family members of that deceased person bring this action.
Simply put, they are filing on behalf of the victim who’s not alive to seek justice for themselves.
Some of the leading examples of wrongful death in Chicago are electrocution at work, hit-and-runs, postponed diagnosis, fatal head trauma, and heavy truck collisions.
The wrongful death claims include medical malpractice, severe car accidents, motorcycle crashes, and industrial diseases.
How to Establish a Wrongful Death Claim in Chicago?
Establishing a wrongful death claim after a severe accident requires demonstrating these 4 things below:
- The defendant infringed on this duty by acting intentionally or negligently.
- The defendant’s omissions or acts caused the victim’s death.
- The defendant suffered fatal damage after an accident.
- Regarding protecting others, the party responsible owed the deceased a “duty of care,” or the responsibility to act appropriately.
Difference Between A Personal Injury and Wrongful Death Lawsuit
Although both are legal claims regarding someone’s negligence, the victim of a wrongful death case is no longer present, so his living family fights the case. Whereas the victim of a personal injury case endures bodily harm as a consequence of the negligence or wrongful act.
The law of limitations for personal injury and wrongful death lawsuits might vary based on the circumstances of the accident.
For personal injury cases, the statute of limitations is three years from the accident’s date, while wrongful death lawsuits must be filed within two years of the demise date.
Irrespective of the differences, wrongful death and personal injury cases involve intricate factual & legal problems.
As Chicago’s statute of limitations imposes stringent conditions, you must talk to an experienced wrongful death and personal injury lawyer to help you navigate the hassles of each legal claim.