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

The primary difference between a catastrophic injury claim and a wrongful death claim in Washington is the legal standing of the individual bringing the claim. In a catastrophic injury claim, the injured person can bring the claim against the at-fault party to receive compensation for the injuries suffered. In a wrongful death claim, the representative of the deceased person can bring the claim against the at-fault party, in order to receive compensation for the death of the deceased. Additionally, a catastrophic injury claim focuses on the compensation for the injuries suffered by the injured person, whereas a wrongful death claim focuses on the compensation for the death of the deceased person. Both claims seek to recover for damages or losses suffered as a result of the negligent or reckless behavior of the at-fault party. However, a catastrophic injury claim is typically more expensive as it can include long-term costs for medical treatment, rehabilitation, lost wages, and other associated costs. In Washington, the statute of limitations for filing a catastrophic injury or wrongful death claim is three years from the date of the injury or death. Generally, the court evaluates the claim to determine who is at fault and the amount of damages to be awarded. In any case, both claims require proof that the negligence or recklessness of the at-fault party was the cause of the injury or death.

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