What is the difference between a wrongful death lawsuit and a negligence lawsuit?

Wrongful death lawsuits and negligence lawsuits are two different types of legal claims that can be brought by an individual or a family against another person or organization. In California, a wrongful death lawsuit is a civil action brought by a family or representative of a person who has died due to the negligence of another. A negligence lawsuit is a legal claim brought against another person or organization where the plaintiff claims that they were wronged due to the defendant’s negligence. Wrongful death lawsuits are unique because they do not require a person to show that they are physically injured, only that the death of a loved one was a result of negligence. The survivors of the deceased can bring a wrongful death claim to seek compensation for the loss of a family member and emotional anguish. On the other hand, in a negligence lawsuit, the plaintiff must show that they were injured as a direct result of the defendant’s negligence. Further, a negligence lawsuit must prove that the defendant knew, or should have known, of the potential risks, but failed to take reasonable steps to prevent the harm from occurring. In California, wrong death lawsuits can provide awards for medical and funeral expenses, lost wages and future earnings, and pain and suffering. Negligence suits can provide awards for medical expenses, lost wages, and pain and suffering, although there are differences in the levels of compensation that a plaintiff can expect under each type of lawsuit.

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