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How do wrongful death claims differ from survival actions?

On Behalf of | Jan 21, 2025 | Wrongful Death |

Understanding wrongful death claims and survival actions is important for anyone navigating the legal system after a loved one’s untimely passing. While these terms are often used interchangeably, they serve different legal purposes and provide distinct forms of compensation.

What is a wrongful death claim?

A wrongful death claim is a legal action filed by certain family members of a person who died due to someone else’s negligence or misconduct. The primary goal is to compensate the family for the financial and emotional losses caused by the death. Eligible claimants typically include the spouse, children, or parents of the deceased.

Damages awarded in a wrongful death claim may include funeral and burial expenses, loss of income, loss of companionship, and mental anguish. The purpose of these claims is to support the surviving family members and help them recover from the devastating loss.

What is a survival action?

A survival action focuses on the rights of the deceased person rather than their family. This type of claim allows the estate to pursue damages that the deceased could have claimed if they had survived. Essentially, it “continues” the deceased person’s rights to compensation for their injuries.

Damages in a survival action may include medical bills, lost wages, and pain and suffering experienced by the deceased before their passing. These funds typically go to the deceased’s estate and are distributed according to the person’s will.

Key differences between wrongful death claims and survival actions

The most notable difference lies in who the compensation is for. Wrongful death claims aim to benefit surviving family members, while survival actions seek to address the damages the deceased person experienced. Additionally, wrongful death claims often cover emotional and financial losses, whereas survival actions focus on economic and non-economic losses tied to the deceased’s suffering and expenses.

By understanding these distinctions, families can pursue the appropriate legal actions to ensure justice and fair compensation for their loved one’s untimely passing.

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