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New Jersey & Pennsylvania Premises Liability Lawyer > Blog > Wrongful Death > What Is The Difference Between A Personal Injury And Wrongful Death Lawsuit After An Auto Accident?

What Is The Difference Between A Personal Injury And Wrongful Death Lawsuit After An Auto Accident?

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Seeking compensation after a car accident caused by another party is extremely important to do, but it can be difficult to know how to file a claim and what you need to do in order to obtain compensation. For plaintiffs who have suffered serious harm in a collision, it can also be difficult to focus on the prospect of a lawsuit when you are dealing with the aftermath of the crash. When you begin looking into the possibility of a lawsuit, you may encounter information about personal injury claims and wrongful death lawsuits after auto accidents. What is the difference between these types of cases, and which kind of lawsuit should you file?

Personal Injury Versus Wrongful Death 

Personal injury and wrongful death law are related to one another, but there are also important differences. Generally speaking, personal injury law recognizes the right of an injured party to file a claim against the party responsible for their injuries in order to seek compensation.

In a wrongful death lawsuit, the law recognizes that the injured person is no longer alive in order to file a personal injury lawsuit. Instead, the law allows another party to stand in the shoes, metaphorically speaking, of the deceased person in order to seek financial compensation for losses. Different states have different laws concerning who is permitted to file a wrongful death lawsuit.

Who Files a Personal Injury Lawsuit After an Auto Accident and How Much Time Do You Have? 

Personal injury and wrongful death lawsuits also have their own statutes of limitations, so it will be important to pay attention to the timeline for your case based on the state in which you are planning to file a claim.

In both New Jersey and Pennsylvania, the injured person is the party who can file a personal injury lawsuit as a plaintiff. Both New Jersey and Pennsylvania have a two-year statute of limitations for most personal injury lawsuits, and the clock begins ticking on the date of the accident.

Who Files a Wrongful Death Lawsuit After an Auto Accident and How Much Time Do You Have? 

In a wrongful death lawsuit in Pennsylvania, the administrator or executor of the estate must be the party who files the wrongful death claim.  The statute of limitations for a wrongful death case in Pennsylvania is two years, and the clock starts ticking on the date of the deceased’s death.

New Jersey similarly allows the administrator or executor of the estate to file a wrongful death lawsuit but its wrongful death laws also allow a spouse or child to file a lawsuit in their own name against the responsible party.  The statute of limitations is also two years and starts ticking on the date of the deceased’s death.

Contact a Personal Injury and Wrongful Death Attorney Serving Clients in New Jersey and Pennsylvania 

Car accidents can be devastating, and we know how difficult it can be to focus on a lawsuit when you are dealing with the physical and emotional repercussions of a collision. Yet we also know how critical it is to hold the at-fault party accountable for the serious harm they have caused and to seek the compensation you need. Our firm is committed to providing experienced and compassionate services to clients in personal injury and wrongful death lawsuits. You should contact a New Jersey and Pennsylvania wrongful death attorney at our firm to learn more about moving forward with a claim. Monaco Law PC has a New Jersey and Pennsylvania personal injury lawyer serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County and all of South Jersey.

Sources:

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=83&sctn=1&subsctn=0

law.justia.com/codes/new-jersey/2009/title-2a/section-2a-31/2a-31-1

legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=55&sctn=24&subsctn=0

lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/308?f=templates$fn=document-frameset.htm$q=%5Brank,100%3A%5Bdomain%3A%5Band%3A2A%3A14-2%20Actions%20for%20injury%20caused%20by%20wrongful%20act,%20appointment%20of%20guardian%20ad%20litem.%5D%5D%20%5Bsum%3A2A%3A14-2%20Actions%20for%20injury%20caused%20by%20wrongful%20act,%20appointment%20of%20guardian%20ad%20litem.%5D%20%5D%20$x=server$3.0#LPHit1

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