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

A birth injury claim and a wrongful death lawsuit are two distinct legal actions that address different forms of harm. A birth injury claim is a civil lawsuit brought by the parents of a child who has suffered harm resulting from the negligent care of a medical professional. The litigation seeks to recover damages arising out of the negligent conduct, such as medical costs, pain and suffering, and loss of earning capacity. A wrongful death lawsuit, on the other hand, is a civil lawsuit brought by the family of a decedent who died due to someone else’s negligence. Wrongful death lawsuits usually seek to recover damages for the loss of financial support, companionship, and pain and suffering of the decedent’s loved ones. In the state of California, a birth injury claim must be brought within three years from the date of the birth or from the date the injury was discovered or should have been discovered. Wrongful death lawsuits, on the other hand, must be brought within two years from the date of the decedent’s death. The laws and procedures that surround birth injury claims and wrongful death lawsuits are complex and vary from state to state, so it is important to seek experienced legal guidance if your family is faced with either situation.

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

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