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Personal Injury FAQ

What's the Difference Between Personal Injury & Wrongful Death Cases?

Personal injury and wrongful death lawsuits have one thing in common: they arise when the negligent, reckless, or intentional actions of another cause one to suffer harm. Whatever the particular instances of the claim, both cases involve negligence. Other than that common factor, these claims are extremely different, and their differences must be understood before a person attempts to file either of them.

A personal injury claim is filed by the party who has suffered the injury caused by the at-fault party. In a personal injury claim, the victim may be able to recover compensation for damages, including:

  • Medical expenses
  • Lost past and future wages
  • Pain and suffering
  • Punitive damages

The person making the claim must be able to prove negligent actions on behalf of the person alleged of causing the injury. The amount of compensation depends on how significant the injury was.

A wrongful death claim, on the other hand, is filed by the survivors of the victim and is being filed against the person who is believed to be responsible for the death, and seeks compensation for the following:

  • Medical expenses
  • Funeral benefits
  • Loss of future earnings
  • Financial support (including educational assistance)
  • Loss of care, comfort, and companionship

Wrongful death claims use preponderance of evidence instead of "innocent until proven guilty."

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  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $222 Million Record-Breaking Verdict for Widow Our firm won $222 million for a woman who lost her husband in an industrial accident caused by a faulty valve. We took the case to trial because the at-fault company refused to take responsibility. The jury saw through the corporate lies and double ...
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
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“I’d recommend Arnold & Itkin to anyone in any type of accident where they can help you. They will be your best lawyer.”
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