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

Wrongful death and negligence lawsuits both involve cases where an individual who has suffered harm due to the negligent behavior of another. The primary difference between the two is the type of damages that are available to the claimant. In a wrongful death lawsuit, a claimant is seeking damages for the loss of the deceased individual’s life. This includes the value of the deceased’s services, potential earnings, and companionship. In some cases, punitive damages may also be recoverable in a wrongful death action. On the other hand, a negligence lawsuit involves damages for the physical and emotional suffering of the harmed individual. The damages sought in a negligence action may include medical expenses, lost wages, pain and suffering or emotional distress caused by the injury. In some cases, punitive damages may also be available for negligence cases. In Washington, wrongful death is a statutory cause of action that must follow the specific guidelines set forth in the state’s wrongful death statute. It is the responsibility of the personal representative of the deceased’s estate to file a wrongful death claim. On the other hand, a negligence lawsuit can be filed by an individual who has suffered harm due to the negligent behavior of another. In summary, wrongful death and negligence lawsuits are different in terms of damages available and the party responsible for filing the claim. In Washington, wrongful death must be brought by the personal representative of the deceased’s estate. Negligence claims may be brought by the injured individual or by the representative of the injured party.

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

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