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Home / FAQ / What happens when a personal injury turns into a wrongful death lawsuit?

When does an injury becomes a wrongful death lawsuit?

pi-to-wrong-ful-deathLet’s say a construction worker sustained severe injuries in a workplace accident that was due to the negligence of someone not the employer. When the man was hospitalized, his surviving family began a workers’ compensation claim and a personal injury lawsuit with his attorney. Heiting & Irwin handles all of these types of claims. Three months after the accident, however, the man died from his injuries before the lawsuit could be brought to trial. What happens next?

Filing a Wrongful Death Lawsuit After a Personal Injury Lawsuit

When a family member dies because of the negligence of another party, the remaining family may turn the personal injury lawsuit into a wrongful death lawsuit with the guidance of an attorney. Common personal injury lawsuits that can become wrongful death cases include:

  • Car and motor vehicle accidents
  • Work injuries
  • Transportation accidents
  • Construction accidents
  • Accidents in public places
  • Dog attacks
  • Burns
  • Electrocutions
  • Medical malpractice
  • All types of accidents that result in injuries

Does Compensation Change when Personal Injury becomes Wrongful Death?

Yes. A wrongful death lawsuit is generally filed by a surviving family member, such as a spouse or domestic partner, dependent child, or other family beneficiary. Each case is unique, personal, and requires comprehensive review. Compensation will vary and may be based on damages related to funeral and medical costs, lost wages and future earnings, pension and retirement benefits, and loss of care, comfort, companionship, and support.

Fight For Your Rights

If you are considering a wrongful death lawsuit, it is important that you take immediate action. Do not hesitate to contact the experienced personal injury lawyers at Heiting & Irwin today.

Meet with us for a free consultation. We will fight for successful closure and satisfaction for you during this very difficult time and provide the compassionate care you deserve.