What is the difference between a birth injury lawsuit and a wrongful death lawsuit?

The difference between a birth injury lawsuit and a wrongful death lawsuit is significant, primarily due to the legal definition of a “birth injury.” In Delaware, a birth injury is defined as an injury to an infant that occurred during the delivery process. A wrongful death lawsuit, on the other hand, is a civil suit that can be brought after the death of an individual who died due to the careless, reckless, or intentional conduct of another person or entity. A birth injury lawsuit is typically filed in an effort to obtain financial compensation for medical costs, lost wages, and pain and suffering associated with the injury. This type of lawsuit is usually filed by the parents of the injured infant or by the child’s legal guardian. In Delaware, there are statutes of limitations on filing a birth injury lawsuit, and the claim must be filed within two years of the injury. A wrongful death lawsuit, however, is more often filed by family members of the deceased in order to recover financial compensation for the loss of the deceased’s income, medical expenses, and funeral and burial expenses. The Delaware statute of limitations for a wrongful death lawsuit is two years from the date of the death. While both types of lawsuits seek to obtain financial compensation, they are both very different in nature and scope. A birth injury lawsuit is a civil suit that is filed due to an injury suffered by an infant during the birthing process, while a wrongful death lawsuit is typically filed by family members of the deceased due to the negligent or intentional act of another person or entity that caused the death of the deceased.

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What is the difference between a birth injury lawsuit and a wrongful death lawsuit?

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