What is the difference between a birth injury claim and a wrongful death lawsuit?
The main difference between a birth injury claim and a wrongful death lawsuit is the type of damages that may be sought. A birth injury claim is a legal action that seeks damages for harm that occurred to a baby due to medical malpractice or negligence. The claim generally seeks compensation for medical costs, pain and suffering, and other related damages for the baby. Wrongful death lawsuits, on the other hand, are filed when an individual dies due to the negligence of another party. They are usually filed by close family members, such as the deceased’s spouse, children, or parents. The lawsuit seeks compensation for the loss of life, emotional harm, pain and suffering, and economic losses, such as loss of income. In Washington, the statute of limitations for filing a claim or a lawsuit is three years, but this may be lengthened in certain circumstances related to cases of birth injury or wrongful death. It is important to discuss your situation with an experienced attorney who can evaluate your case and help you determine the best course of action.
Related FAQs
What is the difference between a birth defect and a birth injury?What are the legal remedies for a birth injury?
What is the “standard of care” for birth injury claims?
What is a neonatal stroke and can a parent file a birth injury lawsuit?
What is the difference between a birth injury claim and a medical negligence claim?
What is the purpose of a standard of care in a birth injury case?
Does birth injury law cover wrongful death cases?
What is obstetrical malpractice and how do I prove it?
What are the most common types of birth injuries?
What is causation in a birth injury case?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023