What is the difference between a Paraquat lawsuit and a wrongful death claim?
The difference between a Paraquat lawsuit and a wrongful death claim is the type of damages sought in each case. In a Paraquat lawsuit, a plaintiff is usually seeking compensation for medical bills, lost wages, pain and suffering, and mental anguish as a result of being exposed to the chemical. In contrast, a wrongful death claim seeks to recover damages related to the wrongful death of a loved one, such as loss of consortium, loss of future earnings, and funeral expenses. The basis of a Paraquat lawsuit is that the chemical Paraquat, a weedkiller, was negligently or intentionally sold and/or used in California and caused injury to individuals who were exposed to it. The lawsuit seeks to recover damages by alleging the defendant violated safety regulations or the manufacturer acted in a negligent manner. In other words, the lawsuit alleges the defendant is responsible for the plaintiff’s injuries. A wrongful death claim, on the other hand, is a civil action based on the death of a person due to someone else’s negligence or willful misconduct. It is meant to provide compensation to the family for loss of the loved one’s life. The family seeks damages for the pain and suffering of the deceased, funeral expenses, loss of income, and other related costs. In both cases, a California court may award compensatory damages, punitive damages, and other types of damages. However, in a wrongful death claim, the damages are related to the loved one’s death itself, rather than to the injury caused by the Paraquat exposure.
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