Kirk Bernard Distinguishes between Compensatory Damages for Personal Injury and Wrongful Death
Kirk Bernard
November 06, 2009
When individuals or households are seeking compensation from injury or death cases in the state of Washington, they all want to know how similar case precedents apply to their situation. This kind of information can be extremely valuable in bringing a case to a successful settlement, prosecuting it to its end or even in gaining claim payment from a Washington insurance company.
The short answer to the question of personal injury versus wrongful death accidents is that each case needs examination on its own merits. All personal injury cases are different, and though there are significant funding of differences between personal injury and wrongful death, compensation amounts will always vary. Detail is crucial to providing a basis for a personal injury or wrongful death case, but a relative study of similar cases can also be helpful.
The general differences between personal injury and wrongful death in the state of Washington are sometimes easily referenced by looking at state legislation and various situations that Washington legal teams see every day.
A fundamental difference between personal injury and wrongful death cases is that the victim most often brings the personal injury case, where wrongful death cases need to be brought by family members. The state of Washington maintains detailed criteria for parties who can file a wrongful death suit. The types of compensatory damages sought also differ. In a personal injury suit, most often compensation is sought for medical bills, lost wages, personal pain and suffering, and other similar attributes. These damages have defined beginning and end points, and often specific financial parameters are set. In the case of wrongful death, compensatory damages generally include the costs of a funeral and burial or cremation, but also may include larger amounts for a general loss that is very difficult to measure.
Other differences in personal injury and wrongful death suits include specific statute of limitations clauses set up by the state of Washington that limit how applicable suits can be filed. Professional legal counsel can help individuals and households determine whether their case falls within a statute of limitations, and the legal team can also help provide for mitigating factors. One complication in any personal injury or wrongful death suit is the victim's use of intoxicating substances. The state of Washington provides specific criteria for where intoxicating substances can be used as a mitigating factor in the defense of litigation.
One of the largest areas of difference in prosecuting a personal injury or wrongful death suit is the way in which the legal team directly represents its client. Because a judicial process has access to a main eyewitness and character in terms of the victim, a wrongful death case relies much more on a general environmental prosecution of the case. Apart from these differences, it's also useful to see the big picture where all of these types of cases involve identifying culpability in a suit, and concretely examining how much the at fault party should pay to a victim or victim's family members. All of this is part of what legal teams provide a client to help the victim of a personal injury, or the family members in a wrongful death, clearly see what their options are. Those with experience in these kinds of cases will tell you that both the procedural detail and wider strategic advice are invaluable to getting fair compensation for an unfortunate event that has brought hardship to a family. Learn more by contacting Washington personal injury lawyer, Kirk Bernard, of The Bernard Law Group.
The short answer to the question of personal injury versus wrongful death accidents is that each case needs examination on its own merits. All personal injury cases are different, and though there are significant funding of differences between personal injury and wrongful death, compensation amounts will always vary. Detail is crucial to providing a basis for a personal injury or wrongful death case, but a relative study of similar cases can also be helpful.
The general differences between personal injury and wrongful death in the state of Washington are sometimes easily referenced by looking at state legislation and various situations that Washington legal teams see every day.
A fundamental difference between personal injury and wrongful death cases is that the victim most often brings the personal injury case, where wrongful death cases need to be brought by family members. The state of Washington maintains detailed criteria for parties who can file a wrongful death suit. The types of compensatory damages sought also differ. In a personal injury suit, most often compensation is sought for medical bills, lost wages, personal pain and suffering, and other similar attributes. These damages have defined beginning and end points, and often specific financial parameters are set. In the case of wrongful death, compensatory damages generally include the costs of a funeral and burial or cremation, but also may include larger amounts for a general loss that is very difficult to measure.
Other differences in personal injury and wrongful death suits include specific statute of limitations clauses set up by the state of Washington that limit how applicable suits can be filed. Professional legal counsel can help individuals and households determine whether their case falls within a statute of limitations, and the legal team can also help provide for mitigating factors. One complication in any personal injury or wrongful death suit is the victim's use of intoxicating substances. The state of Washington provides specific criteria for where intoxicating substances can be used as a mitigating factor in the defense of litigation.
One of the largest areas of difference in prosecuting a personal injury or wrongful death suit is the way in which the legal team directly represents its client. Because a judicial process has access to a main eyewitness and character in terms of the victim, a wrongful death case relies much more on a general environmental prosecution of the case. Apart from these differences, it's also useful to see the big picture where all of these types of cases involve identifying culpability in a suit, and concretely examining how much the at fault party should pay to a victim or victim's family members. All of this is part of what legal teams provide a client to help the victim of a personal injury, or the family members in a wrongful death, clearly see what their options are. Those with experience in these kinds of cases will tell you that both the procedural detail and wider strategic advice are invaluable to getting fair compensation for an unfortunate event that has brought hardship to a family. Learn more by contacting Washington personal injury lawyer, Kirk Bernard, of The Bernard Law Group.
Print
Email
