An unexpected accident can change everything. Medical bills start piling up, work gets missed, and families are left trying to figure out what comes next. In situations like these, you often hear the terms personal injury and wrongful death. While both involve serious harm caused by someone else’s negligence, there are significant differences between them.
A personal injury case focuses on harm suffered by someone who is still alive. A wrongful death claim exists only when that harm results in a loss of life. That single fact changes nearly everything, from who is allowed to file the case, what kinds of damages can be recovered, and even how the legal process plays out in Florida.
Understanding the legal differences is critical for families trying to move forward after a tragedy or a life-altering accident. Our Fort Lauderdale personal injury and wrongful death attorneys have extensive trial experience and a record of multimillion-dollar recoveries to guide you through Florida’s complex legal process.
What is a Personal Injury Claim?
Best handled by a personal injury lawyer, a personal injury claim is a legal action that arises when someone suffers physical, emotional, or psychological harm due to another person’s negligence or wrongdoing. The primary purpose of a personal injury claim is to hold the at-fault person accountable and ensure the injured person receives fair compensation.
Personal injury law covers harm suffered by living victims — from car crashes to medical negligence — and when injuries prove fatal, Florida law requires a separate wrongful death claim under the Florida Wrongful Death Act.
What is a Wrongful Death Claim?
According to Florida Statute 768.19, a wrongful death claim is a type of personal injury case where the death of a person is caused by a wrongful act, negligence, default, or breach of contract or warranty of any other person. However, unlike a personal injury claim, instead of the injured person seeking compensation, the claim is brought on behalf of the surviving family members and the estate.
Key Legal Differences Between Personal Injury and Wrongful Death
Although wrongful death claims arise from personal injury law, Florida treats them as a separate cause of action under the Florida Wrongful Death Act, and the two claims differ in important ways:
Who files the wrongful death or personal injury claim?
A personal injury claim is filed by the injured person. If the injured person is a minor, a parent or legal guardian can file a claim on their behalf. In wrongful death cases, only the personal representative named in the deceased’s will may file a claim. If no will exists, a wrongful death attorney can help you determine who the law would find as the legal representative and whether that title needs to be named by a court of law.
What types of damages are available in each case?
Personal injury claims can include compensation for:
- Physical injuries, emotional distress
- Lost wages or earning potential
- Pain and suffering
- Long-term medical needs
Wrongful death claims can include compensation for:
- Potential earning had the victim survived
- Lost benefits such as a pension or health insurance coverage
- Incident-related medical expenses prior to the victim’s death
- Funeral or burial expenses
- Loss of parental support and guidance
- Mental pain and suffering experienced by surviving family members (such as loss of companionship, guidance, and emotional support)
In Florida wrongful death cases, damages are recovered on behalf of the deceased’s survivors and estate. Eligible survivors may include a spouse, children, parents, and in some cases other family members or dependents who relied on the deceased for financial support. The specific damages available depend on the survivor’s relationship to the deceased and their level of dependency.
If the person who caused the death acted intentionally or with gross negligence, punitive damages may be available in certain cases, subject to Florida law.
When does a personal injury claim become a wrongful death case?
A personal injury claim can become a wrongful death case if the injured person later dies as a result of their injuries.
Timing is critical in either instance, as a key similarity between personal injury and wrongful death cases is the statute of limitations. Under Florida Statute §95.11, both personal injury claims and wrongful death cases generally must be filed within two years. In personal injury cases, the deadline typically runs from the date of the accident. In wrongful death cases, the two-year period begins on the date of death. Florida Statute §768.19 governs wrongful death claims and outlines who may bring the claim and what damages may be recovered. An experienced wrongful death attorney can help ensure all deadlines are met.
Get Help From an Experienced Personal Injury Lawyer or Wrongful Death Attorney
Personal injury and wrongful death cases can be traumatic for you and your family. The team at Ginnis, Krathen, & Zelnick, P.A., a wrongful death law firm in Fort Lauderdale, is here to help. If you’ve been hurt in an accident or a family member has suffered grave injuries as a result of someone’s negligence, our experienced personal injury lawyer will guide you through the legal process. Contact us today to discuss your options.