According to the Missouri State Highway Patrol, the Show-Me State sees over 1,000 traffic deaths each year. After losing loved ones to fatal accidents, families in Missouri face serious economic and psychological hardships. From a financial perspective, deaths may leave families with unpaid medical bills, funeral expenses, and missed income. From a psychological perspective, the loss of a loved one is a traumatic event with emotional scars that never truly heal. Missouri gives families the right to address these economic and non-economic burdens by taking legal action against negligent parties via “wrongful death” lawsuits. Is this the same thing as a personal injury case? Families can seek further clarification alongside experienced Missouri accident lawyers. Choose Steelman Gaunt Crowley, and call (573) 341.8336 to book a consultation today.
The Word “Injury” Also Applies to Deaths
Wrongful death is a type of personal injury case. Although it might seem strange to call death an “injury,” this word has a broad definition in the legal world. According to Black’s Law Dictionary, an “injury” can be any “wrong” done to another person. This includes death. Traffic authorities also use this term to describe fatal accidents. For example, a news report might describe “catastrophic injuries” or “fatal injuries” suffered by a deceased motorist or pedestrian. In addition, many people survive serious accidents for a few days before passing away from serious injuries.
For example, a slip-and-fall patient might suffer a severe traumatic brain injury (TBI). Due to serious brain damage, doctors might place the patient in a medically-induced coma. After learning that this condition will not improve, family members may then decide to take the patient off life support. Alternatively, a patient might suffer serious lacerations before succumbing to their wounds at a hospital.
What Is the Difference Between Wrongful Death and Personal Injury?
Although wrongful death falls within the general category of personal injury, these lawsuits involve a few unique factors. These differences mostly involve damages and eligibility.
Families Can Claim Unique Economic Damages in Wrongful Death Cases
Some damages are only possible in wrongful death cases. In the legal world, “damages” refer to losses sustained by plaintiffs. While an injury is a “wrong” done to another person, “damages” represent the cost of this harm. For example, families may pursue compensation for funeral expenses when filing wrongful death lawsuits. In 2023, the National Funeral Directors Association estimated that the average cost of a funeral was almost $8,000. However, this figure continues to rise due to inflation.
The cost of a funeral is only one example of an “economic damage” in a wrongful death claim. Even if a patient dies while receiving medical treatment, their unpaid hospital bills pass to surviving family members. For example, a patient may suffer critical internal organ damage after being crushed in a car crash. Doctors may then attempt life-saving surgery that ultimately proves unsuccessful. The cost of this expensive surgical procedure will likely pass to the family. In addition, dependents may suddenly find themselves without financial support from a deceased worker. For example, the spouse and children of a corporate executive may be completely reliant on this single source of income for food, shelter, and other living costs. What happens if the employee dies in a pedestrian accident? Their family could file a wrongful death lawsuit and receive compensation for all the income the deceased worker would have earned throughout their life.
Families Sustain Serious Non-Economic Damages After Fatal Accidents
Aside from economic damages, families may encounter distinct non-economic damages after losing loved ones. Non-economic damages represent the emotional or psychological burdens associated with an accident. Fatalities inevitably lead to some of the most severe psychological effects imaginable. Relevant damages include “mental anguish” or “emotional distress,” which can certainly apply to deaths in the family. Plaintiffs may also pursue compensation for specific mental disorders or challenges, such as depression. Another common non-economic damage is “loss of consortium” or “loss of companionship,” which represents the loss of romantic relationships. Many non-economic damages are only possible in wrongful death lawsuits, and they can increase total compensation to a significant degree.
Only Certain People Are Eligible to File Wrongful Death Lawsuits
Another major difference between a wrongful death lawsuit and a personal injury case involves eligibility. In a normal personal injury case, only the injured party can pursue legal action. In a wrongful death lawsuit, however, a wider range of parties can sue on behalf of the decedent. The most obvious candidates are the immediate family members. These include the children, parents, and spouse of the decedent. If none of these individuals are available to file a wrongful death lawsuit, siblings may be eligible.
If no siblings are available, grandparents could become eligible to take legal action. In cases where none of these relatives are available to file the wrongful death lawsuit, the court may permit even more distant family members to take action. While it might seem rare for an uncle or nephew to sue on behalf of an injured plaintiff, some accidents kill entire extended families. For example, the entire family might have been traveling in a single vehicle before a fatal truck accident in Missouri. Family members who are considering wrongful death claims should consult Steelman Gaunt Crowley to determine eligibility.
Similarities Between Wrongful Death and Personal Injury
Despite these differences, a wrongful death lawsuit and a normal personal injury case share many similarities. In both cases, plaintiffs must prove negligence in order to recover compensation. The burden of proof lies with the plaintiffs, and they must show a “preponderance of evidence” in Missouri civil courts. That said, litigation may not be necessary for both wrongful death claims and personal injury cases, as both often lead to negotiated settlements outside of court.
FAQ
Q: Is a wrongful death lawsuit considered a personal injury case?
Yes — a wrongful‑death lawsuit is considered a type of personal‑injury case. The “injury” in this context includes the death of the victim.
Q: How are wrongful death and ordinary personal injury cases similar?
- Both are typically based on negligence or wrongful conduct by another person or party.
- Both can seek compensation for economic losses and other damages caused by the harm.
Q: How do wrongful death cases differ from typical personal injury cases?
- Who files the lawsuit: In personal injury cases, the injured person files the case. In wrongful‑death cases, the surviving family members or the deceased’s estate file the claim.
- Who benefits from compensation: Personal injury cases compensate the injured person directly. Wrongful‑death cases compensate the survivors or estate for losses such as lost financial support, companionship, or funeral expenses.
- Types of damages: Wrongful‑death cases include damages unique to death, like funeral/burial costs, loss of future financial support, and loss of companionship or guidance.
Q: If someone is seriously injured and later dies, can the family pursue a wrongful‑death claim even if a personal‑injury case was already started?
Yes. If the injured person later dies from the injuries caused by negligence, the claim generally shifts from a personal‑injury case to a wrongful‑death case because the nature of the harm changed from injury to death.
Q: Why is wrongful death treated as part of personal injury law?
From a legal perspective, “injury” is defined broadly to include death caused by wrongful acts or negligence, so fatal harms fall under the umbrella of personal‑injury law.
Contact the Experienced Missouri Wrongful Death Attorneys at Steelman Gaunt Crowley Today
Although online research can offer basic insights, no amount of reading will provide families with justice, compensation, and closure after fatal accidents. Like any other personal injury case, a wrongful death claim requires a personalized, careful approach. A consultation with experienced wrongful death attorneys in Missouri can help grieving families get started with targeted legal strategies. Steelman Gaunt Crowley has spent years assisting personal injury plaintiffs in Missouri, including those who need to file wrongful death lawsuits. Reach out today to learn more about wrongful death, personal injury cases, and potential compensation. Call (573) 341.8336 to get started. bout your legal rights.