Personal injury claims and wrongful death actions seem like the same type of case, but they differ in significant ways. If you have been injured in an accident caused by another party, you may be able to file a Denver personal injury lawsuit to recover compensation for your damages.
However, if you are injured in an accident and later die from those injuries, your spouse has priority during the first year after death to bring a survival action to recover wrongful death damages in Denver resulting from your death. With the spouse’s written election, the deceased’s heirs may join the spouse’s action, or the spouse may allow the heirs to bring the action without the spouse’s participation.
If there is no surviving spouse, the deceased’s heirs or designated beneficiary may initiate the action during the first year after death.
The Similarities Between Wrongful Death and Personal Injury Claims
Both a personal injury claim and a wrongful death claim seek damages caused by another party’s negligence or wrongdoing. Most wrongful death and personal injury claims are based on negligence and require proving four elements:
- The defendant owed you or the decedent a duty of care. (For example, in a Denver car accident case, all motorists owe a duty of care to operate their vehicles safely to avoid harming others.)
- The defendant breached their duty of care. (If a driver runs a stop sign and crashes into you, they have likely breached their duty of care.)
- The defendant’s breach of duty was the cause of the death or injuries. (You must prove that it was the defendant’s negligent action or inaction that caused your injuries or your loved one’s death.)
- You suffered damages caused by the defendant’s breach of duty. As a personal injury plaintiff, you need to show that you suffered damages due to the accident, and as a wrongful death plaintiff, you need to show that you suffered damages due to your loved one’s death.
These elements may seem simple enough, but they are usually heavily contested and can be challenging to prove.
Both wrongful death actions and personal injury claims seek financial compensation from the negligent party for damages sustained. In some wrongful death situations, criminal charges may also be filed by the state. However, the wrongful death action is entirely separate and distinct from any criminal charges that may or may not be filed for the death of your loved one.
The types of accidents that result in personal injury claims are also common to wrongful death claims. Many wrongful death and personal injury claims are based on car, truck, and motorcycle accidents, medical malpractice, and slip and fall accidents.
The Differences Between Wrongful Death and Personal Injury Claims
While personal injury claims and wrongful death survival actions share similarities, there are many differences between the two, including:
- In a wrongful death action, someone died from injuries caused by negligence or wrongdoing.
- In a personal injury claim, the victim survived the accident or incident but suffered damages.
- In a wrongful death action, the deceased person’s loved ones seek compensation for damages they sustained due to the death.
- In a personal injury claim, the injury victim seeks compensation for the damages they sustained.
- A Colorado personal injury claim has a statute of limitations of three years from the date of a motor vehicle accident and two years from the date of other accidents.
- A Colorado wrongful death claim, however, has a statute of limitations of two years from the date of death.
Whether you have been injured in an accident or lost a loved one due to another party’s negligence or wrongdoing, you may have a claim to recover compensation for your damages. You should consult an experienced Denver personal injury lawyer to protect your rights and help you recover the maximum compensation.
Schedule a Free Consultation With a Dan Caplis Law Attorney
The experienced personal injury and wrongful death attorneys at Dan Caplis Law have the knowledge, skills, and resources to help you recover compensation for your damages in a personal injury or wrongful death action.
Call (303) 770-5551 or visit our contact page to schedule a free consultation to discuss your claim.