Wrongful Death vs Survival Action: What’s the Difference?
What is there to know when it comes to wrongful death vs survival action? There is key information under both.
Read further on now.
Wrongful Death vs Survival Action
Losing someone you love is never easy – especially when it results from negligence. Unfortunately, it happens all the time and loved ones are left scrambling, trying to figure out how to pick up the broken pieces.
Many who turn to the legal system for help, find that there are steps to take to receive compensation from the negligent party – but it can be a bit confusing. This is why it is important to have an attorney on your side to do so. After all, with wrongful death and survival actions, it is hard to know just which one to choose. What’s the difference?
Wrongful Death and Survival Action: What Are they?
A wrongful death action is one that is filed with the courts by surviving relatives after losing someone at the negligent hands of someone else. This involves compensation for the economic and emotional effects that the death has had.
Wrongful deal claims are filed to repay the beneficiaries – or surviving family members (or estate).
A survival action is very similar. It, too, is a case filed by the surviving family members after losing a loved one due to the negligence of someone else. However, a survival action includes seeking compensation based on what the deceased person would have received if they had survived the accident.
Each of these actions is very similar which makes it tough to know just which one is the right one for your situation. The more you understand each one, the more clarity you have. Although, working with an attorney is always a wise option in making sure you take the right action to receive the most compensation.
In short, wrongful death suits look for damages to be awarded for the beneficiaries of the deceased who suffered as a result of the death. Whereas survival actions look for damages that could have been recovered by the deceased – if the deceased had not died.
Damages Awarded in a Wrongful Death
When it comes to filing a wrongful death suit, the damages can involve a wide array of compensations. These are often monetary damages that are awarded to the beneficiaries of the deceased, such as the spouse, children, or other relatives who received support from the deceased. These may include:
- Loss of financial support/victim’s future income
- Loss of consortium
- Loss of care, guidance, nurturing, and affection
- Loss of inheritance
- Loss of household services
- Funeral and burial expenses
- Mental anguish
- Pain and suffering
Keep in mind that these damages cannot just be awarded to anyone. It is crucial that the family members prove that the deceased individual provided support, for instance, in order to receive damages for loss of support.
Damages Awarded in a Survival Action
You may not be surprised to find out that the damages awarded in a survival action are quite similar to those in wrongful death. Yet, at the same time, they are different. Surviving relatives can expect to receive compensation, such as:
- Pain and suffering
- Lost wages for the time between injury and death
- Pre-death medical expenses
The damages in a survival action are intended to compensate the survivors in regard to any related injuries that were sustained by the deceased – prior to the time of death. In other words, the compensation awarded is greater if there were significant injuries before death, but there was a lot of time between when the injuries occurred and the time of death.
Who Has the Right to File?
When it comes to losing someone due to negligence, it is the personal representative of the estate that will file the lawsuit. Typically, this is the closest surviving relative, such as a spouse, child, parent, or sibling. The family can either agree and appoint a personal representative or the courts will intervene and decide.
Oftentimes, the personal representative is the same one who will handle the case as the estate goes through the probate process. This person is responsible for clearing up any loose ends and taking care of any outstanding debts, too.
Statute of Limitations
The statute of limitations defines the amount of time that you have to take legal action. Once the timeframe passes, you may have difficulty seeking compensation. This is why it is so important to seek legal guidance right away after an accident or injury occurs so that there is no question about it going forward.
When it comes to wrongful death and survival action, the statute of limitations for both are quite similar. You have two (2) years from the date of the deceased’s death or, for a survival action, the estate has two (2) years from the date the injury occurred or six (6) months after the death, whichever comes later.
The Need For an Attorney
Grief and all the emotions that come with it can be very heavy to carry. Having to handle it and still make sure you are working your way through the legal process to ensure that everything is handled as it should – and that the compensation is just – can be overwhelming. To get the most benefit from legal action, you need an attorney. You need someone who can walk you through all steps necessary – starting with which action to file in the first place – a wrongful death action or survival action.
Determining the type of action to file is just the first step. You also need to determine what you should be compensated for, how much, and be able to prove it. Without legal guidance, this could be tough.
An attorney can help lead the way, bringing knowledge, experience, and perspective to a case. When dealing with the loss of a loved one and the impact it has taken on your life, trying to do things on your own may not be the best way to reach the most desired outcome. Take the time to find an experienced attorney that you can rely on to help you get what you deserve.
Conclusion
Losing someone unexpectedly due to the negligent hands of someone else can significantly impact your life. While a lawsuit will not bring your loved one back, with the help of an experienced lawyer, compensation may make life a little easier.
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