What is the difference between a birth injury claim and a wrongful death lawsuit?
The difference between a birth injury claim and a wrongful death lawsuit in Delaware can be broken down into two main categories: damages and parties involved. Birth injury claims are typically brought against medical practitioners or healthcare institutions when a newborn is injured due to negligence during the birthing process. Birth injury claims are primarily designed to provide financial compensation to the family of the injured newborn for medical expenses, future care expenses and emotional distress. As such, damages sought in birth injury claims typically include financial expenses plus pain and suffering. On the other hand, wrongful death lawsuits are typically brought against a party for the wrongful death of a person. The party who is responsible for the death could be a person, company, or other entity that caused or contributed to the death. A wrongful death lawsuit seeks compensation from the responsible party for the death of the deceased. Unlike a birth injury claim, wrongful death lawsuits typically seek substantial damages, which may include loss of income, punitive damages, funeral expenses, mental anguish, and loss of companionship. The main difference between a birth injury claim and a wrongful death lawsuit in Delaware is the type of damages sought, as well as the parties involved. While both claims are brought to seek justice for injury or death due to negligence, they serve different purposes and seek different types of damages.
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