Personal Injury & Wrongful Death FAQs

Q: What is a personal injury?
A: Personal Injury refers to an injury not to property, but to the body, mind or emotions. Personal injury covers any actual physical harm (broken leg and bruises) you suffered in an accident as well as the emotional harm caused by that accident. Personal Injury does not cover damages to anything other than one’s person, meaning personal injury does not cover one’s property.

Q: What compensation is available for personal injury?
A: Personal Injury compensation can vary greatly. Much depends on the severity of the injury, as well as the fault of the defendants. Compensation includes lost income, medical bills and pain and suffering.

Q: Who is liable for a personal injury?
A: Parties who have acted negligently, meaning they did not use reasonable care, may be liable for personal injury charges.

Q: What is a wrongful death?
A: A wrongful death occurs when someone is killed due to another party’s negligence or recklessness. Under the law, parties who have been injured as a result of a wrongful death may bring suit against the party or parties responsible for the death. Wrongful death cases allow survivors of someone who was killed due to another party’s negligence or recklessness to claim compensation for the decedents lost earnings, pain and suffering and the loss of their companionship and guidance.

Q: Who is entitled to sue for a wrongful death?
A: An action for wrongful death may be brought by the personal representative of the decedent for the benefit of those persons entitled by law to recover damages for such wrongful death. If no action for wrongful death has been brought within six months after the death of the decedent, the action may be brought by the personal representative or by any person entitled by law to recover damages on behalf of all persons entitled to share in the damages.

Q: How is compensation for a wrongful death calculated?
A: Compensation for wrongful death can get complicated. Among the information that might be taken into account are: the deceased person’s wages had they lived, as well as the financial burden and possible pain and suffering experienced by survivors of the deceased.