Ryan Zavodnick | July 6, 2025 | Personal Injury \ Wrongful Death
In 2025, the Pennsylvania Department of Transportation reported that the state had seen the second-lowest number of traffic fatalities during the previous year. In total, 1,127 people lost their lives to fatal accidents in 2024. Behind each of these fatalities, a grieving family faces lost income, funeral costs, unpaid medical bills, and many other challenges. A wrongful death claim could help these families achieve a sense of closure while also providing financial support. However, a fatality is not the only thing that can cause major challenges for families after car accidents. Thousands of crashes each year lead to life-altering injuries. In this situation, families and victims file personal injury claims instead of wrongful death claims. What is the difference between these two civil cases? How should families adjust their legal strategies when filing wrongful death claims instead of personal injury claims (or vice versa)? Victims may want to voice these questions during a consultation with an experienced personal injury attorney in Pennsylvania. Contact Zavodnick & Lasky at (215) 774-6467 to explore this topic in more detail.
Wrongful Death Claims Involve Different Damages
Damages are losses suffered by victims, and they may be economic (financial) or non-economic (psychological). Economic damages such as medical bills and lost future income may be relevant in both wrongful death and personal injury claims. “Emotional distress” is an all-encompassing term for non-economic damages, and it may also become relevant in both wrongful death and personal injury claims.
However, some damages are exclusive to wrongful death claims. A clear example is the cost of a proper funeral, which is a non-economic damage that may only arise during a wrongful death claim. Lost income is often more serious in wrongful death cases because it is impossible for the victim to ever work again. In contrast, even severely injured people may find ways to earn income after their accidents. “Loss of consortium” is a non-economic damage exclusive to wrongful death cases, representing the psychological cost of an ended relationship caused by death. Personal injury cases also lead to many distinct non-economic damages that are impossible to pursue in wrongful death claims. Examples include disfigurement and loss of enjoyment of life. Since the victim is no longer alive to experience these psychological burdens, it is impossible for families to claim such damages.
Wrongful Death Claims Often Lead to More Compensation
While each case is unique, wrongful death claims may lead to more compensation compared to personal injury cases. A personal injury claim might involve a relatively minor injury like whiplash or a sprained ankle. In contrast, a wrongful death claim always involves one of the most challenging burdens a family can endure. The death of a primary breadwinner may leave a spouse, children, and dependent seniors without a reliable source of income. This may lead to compensation for decades of lost earnings, and the amount of this compensation can be significant for cases involving high-earning, young decedents. One might argue that juries tend to be sympathetic toward grieving families when deciding awards.
That being said, personal injury claims can also lead to significant settlements and verdicts. In cases involving permanent disabilities, victims may face the same loss of earnings as deceased victims. They may also require years of ongoing medical treatment and rehabilitation, while a decedent can no longer incur the cost of medical care after their passing. Finally, personal injury claims are associated with a wide range of non-economic damages, like disfigurement or loss of enjoyment of life. To get a sense of how much a personal injury claim might be worth, consider continuing this discussion with Zavodnick & Lasky.
The Victim Cannot Tell Their Story in a Wrongful Death Claim
Often, victims play a central role in providing evidence and testimony in personal injury cases. They may speak about their observations before an accident, and their psychological struggles while recovering. They may even take pictures or videos of the crash scene, helping investigators hold negligent drivers accountable. In a wrongful death claim, however, the victim remains silent. It could be more challenging to gather evidence because of this limitation, and this highlights the need to work with an experienced wrongful death attorney.
There May Be a Greater Need for Accountability After a Fatality
One might argue that wrongful death cases represent a pathway toward accountability for grieving families. Often, negligent drivers manage to avoid significant criminal consequences for causing fatal accidents. Authorities may struggle to gather enough evidence, and negligent drivers may escape penalties due to frustrating legal loopholes. As a result, civil wrongful death cases can at least ensure financial penalties when the criminal justice system fails. While accountability is also important for the critically injured, a positive outcome in a wrongful death case may be vital as grieving families pursue a sense of justice and closure.
The Procedural Differences Between the Two Civil Cases
Finally, there are a few minor procedural differences between wrongful death cases and personal injury claims. Unless they are incapacitated, the victim files their own personal injury claim. In contrast, family members file wrongful death claims on behalf of their deceased loved ones. Only certain family members have the right to sue on behalf of decedents, and this responsibility often falls to spouses, parents, and adult children. More distant relatives may also file wrongful death claims if no one else is available.
The statute of limitations for both personal injury and wrongful death claims is two years in Pennsylvania. However, this legal time limit may begin at different times depending on the circumstances of each case. The statute of limitations for personal injury cases begins at the time of the accident (or when the victim becomes aware of their own injuries). On the other hand, the statute of limitations for wrongful death claims begins when the victim passes away.
Discuss Personal Injury and Wrongful Death Claims With Zavodnick & Lasky
Both personal injury claims and wrongful death claims are forms of civil legal action, and they share many similarities. Both claims can lead to many of the same damages, and both can hold negligent parties accountable. However, wrongful death claims are associated with distinct economic and non-economic damages. Surviving family members may also find it more challenging to gather evidence of negligence after a traffic fatality, as the deceased individual is no longer able to tell their story. Whether filing a wrongful death claim or a personal injury claim, families should develop legal strategies that target their unique circumstances. Online research may not deliver the same type of personalized guidance as a Pennsylvania wrongful death attorney, and a consultation with one of these legal professionals could be productive. Contact Zavodnick & Lasky at (215) 774-6467 for an opportunity to explore pertinent questions.
