Who Files

Personal injury: the injured person files the claim themselves, as the plaintiff.

Wrongful death: the injured person has died, so a representative of their estate — or eligible surviving family members, depending on the state — files on the family's behalf.

What Damages Are Recoverable

Personal Injury	Wrongful Death
Medical expenses	Funeral and burial costs
Lost wages	Lost financial support from the deceased
Reduced earning capacity	Loss of household services provided
Pain and suffering	Loss of companionship, care, and guidance
Emotional distress	Survivors' mental anguish

The damages in a wrongful death case focus on what the survivors lost — not what the deceased suffered before death. A separate legal action, often called a survival action, can recover damages for the deceased's own pain and suffering between injury and death, where that time period exists.

Statute of Limitations

Both claim types are time-limited, but the clock can start at different points. A personal injury deadline generally runs from the date of the injury. A wrongful death deadline generally runs from the date of death — which matters when someone survives an injury for days, weeks, or longer before passing away. See our full statute of limitations guide for state-specific ranges.

When One Becomes the Other

If someone is injured by another party's negligence and initially survives, they (or their attorney) may begin a personal injury claim. If they later die from those same injuries, that claim can transition into — or be joined by — a wrongful death claim, filed by their estate or eligible survivors. In many cases, families end up pursuing both a survival action and a wrongful death claim at the same time, since they cover different losses.