A common question that we get is, is there a claim for death, or is it the same as a claim for an injury?
A common question that we get is, is there a claim for death, or is it the same as a claim for an injury? I know it's morbid. But it's a valid question, and the answer is yes, there are actually separate claims for the death of someone as opposed to just the injury.
Let me give you a simple example. Let's say that somebody is in a car wreck. They are injured very badly, and they suffer on the way to the hospital. They get to the hospital, and they then lose consciousness at the hospital. Maybe they're unconscious for a few hours and then they die. The person that has died has a family. Let's just say two kids and a wife, no other relatives.
In that case the wife and the two children, do have a claim for the injury that the person went through before they died That is, the term would be heritable; it survives them after their death. But they also have what's called a wrongful death claim for the loss of their husband, for the loss of their father.
There is a difference between just injury and injury, including death, and if you have any specific questions about an individual case, give me a call. I'd be happy to discuss it with you.