What is the difference between a catastrophic injury claim and a wrongful death claim?
The main distinction between a catastrophic injury claim and a wrongful death claim is the type of injury sustained by the victim. A catastrophic injury claim is a lawsuit that seeks legal compensation for an individual who has suffered a severe, long-term, and debilitating injury, typically an injury that will require long-term medical care and the need for assistance with activities of daily living. Examples of catastrophic injuries include traumatic brain injuries, spinal cord injuries, burns, paralysis, and amputations. A wrongful death claim, on the other hand, is a legal action brought by the relatives or dependents of a deceased individual who died due to the wrongful or negligent action of another individual or entity. In a wrongful death claim, the lawsuit seeks to recover financial damages related to the death, including medical costs, funeral expenses, lost wages, and pain and suffering. In Indiana, a victim of a catastrophic injury may be able to receive both physical and financial compensation for their damages through a catastrophic injury claim. On the other hand, compensation for a wrongful death claim is limited to economic damages for the surviving family members.
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