What is the difference between a wrongful death lawsuit and a negligence lawsuit?
A wrongful death lawsuit and a negligence lawsuit are two different legal options available to families who have lost a loved one due to negligence or malpractice. However, the two are not the same. A wrongful death lawsuit is a civil action brought against a party who is believed to be responsible for the death of an individual. It is a civil action compensating the family of the deceased for losses caused by the incident, such as medical bills, lost wages, and pain and suffering. The family members can sue for compensation for their suffering. A negligence lawsuit, on the other hand, is a legal action against another individual or party who either acted intentionally or was careless in an action that resulted in a person’s death. A negligence lawsuit seeks to hold the party responsible for the death accountable by proving they acted negligently. The family of the victim may receive monetary compensation if the case is successful. In Virginia, a wrongful death lawsuit must be filed within two years of the death, whereas a negligence lawsuit has a statute of limitations of five years. The outcome of a negligence lawsuit will depend on the laws in Virginia, while a wrongful death lawsuit will seek to determine who was responsible for the death and what damages the family is due based on that.
Related FAQs
How does a wrongful death lawsuit affect the estate of the deceased?How long do wrongful death cases usually take to resolve?
What is wrongful death by negligence?
What is a wrongful death claim in a survival action?
What is wrongful death law?
Can a wrong result be overturned after a wrongful death case is settled?
How long can a wrongful death lawsuit take to resolve?
What types of evidence are necessary to prove a wrongful death claim?
Can a wrongful death suit be pursued if the deceased was partially at fault?
What types of damages can be awarded in a wrongful death suit?
Related Blog Posts
What You Should Know About Wrongful Death Lawsuits - July 31, 2023What To Do After a Loved One Suffers Wrongful Death - August 7, 2023
Understanding Wrongful Death Statutes & Regulations - August 14, 2023
Finding the Right Wrongful Death Lawyer - August 21, 2023
5 Important Steps to Take When Filing a Wrongful Death Claim - August 28, 2023