The loss of a loved one due to the negligence or wrongful action of another person can be a really traumatic experience. In many cases, family members of the deceased file wrongful death claim to receive justice, accountability, and financial compensation. But there is another legal action that is similar but distinct that they can resort to, and this is called the survival action claim. Keep in mind that both legal actions are handled by wrongful death lawyers. Read ahead to make a better understanding of the differences between a survival action claim and a wrongful death lawsuit.
Understanding Survival Action Claim
The purpose of a survival action claim is to compensate for the damages suffered by the victim, i.e. the deceased between the moment of death and the moment of the wrongful act. One of the main differences between a survival action claim and a wrongful death claim is that the former claim compensates the deceased, while the latter compensates the family members of the deceased. There are instances where plaintiffs bring both these legal actions against the defendant, i.e. the person at-fault.
In a survival action claim, the representative of the deceased assumes legal rights as if the victim had survived the wrongful act by the defendant. In a court of law, this position is usually taken up by wrongful death lawyers hired by the family members of the deceased.
The Damages That Can Be Recovered Through Survival Action Claim
By filing a survival action claim, the representative of the deceased person will be able to recover financial compensation for damages and injuries that are suffered by the deceased due to the wrongful act. However, this legal action will not be valid if the death was instantaneous. Determining whether there was a gap between the moment of the wrongful act and the moment of death is a complicated one, and this requires the expertise of an experienced lawyer focusing on wrongful death.
Listed below are the compensation that you can recover through a survival action claim.
- The suffering and pain experienced by the deceased person due to the wrongful act.
- The medical bills that are incurred by the deceased.
- Economic losses and personal property damages of the deceased.
- Loss of income
In most cases, the plaintiffs of the survival action claim overlap with plaintiffs of wrongful death claims. Keep in mind that the financial compensation from the survival action claim will be awarded to the estate of the deceased.
On a final note, to know whether to file a wrongful death claim, survival action claim, or both, you must seek the advice of experienced wrongful death lawyers.