How Is a Wrongful Death Case Different From a Personal Injury Case?

In Massachusetts, a wrongful death lawsuit differs from a typical personal injury lawsuit primarily in the type of damages sought and the parties involved. Both types of lawsuits stem from negligence or intentional harm, but their focus and outcomes are distinct.

Key Differences:

1. Purpose: A personal injury lawsuit is filed by the injured party to recover damages for physical injuries, emotional distress, lost wages, medical expenses, and other related losses. In contrast, a wrongful death lawsuit is filed when someone dies as a result of another party’s negligence or misconduct, seeking compensation for the loss suffered by the survivors of the deceased.
2. Plaintiff: In a personal injury case, the injured person is the plaintiff. In a wrongful death case, however, the personal representative of the deceased person’s estate files the lawsuit, on behalf of the surviving family members, such as the spouse, children, or parents.
3. Damages: In personal injury cases, the injured person can claim damages for pain and suffering, medical bills, lost wages, and emotional distress. In wrongful death cases, the survivors can claim damages for the loss of financial support, loss of companionship, emotional suffering, funeral and burial expenses, and other losses resulting from the death of their loved one.
4. Legal Standing: In a typical personal injury case, the plaintiff directly experiences the harm, while in a wrongful death case, the family members of the deceased suffer the consequences of the death, making them the primary beneficiaries of the lawsuit.

In summary, while both lawsuits involve claims for harm caused by others, a wrongful death lawsuit is focused on compensating the survivors for their loss, whereas a personal injury lawsuit is centered on compensating the injured party for their direct harm.