When someone dies because of another person’s negligence or wrongful actions, the family may have the right to file a legal claim. Two common claims in these situations are wrongful death lawsuits and survival actions.
Although they are similar, they are not the same. Each claim covers different losses and serves a different legal purpose. Knowing the difference can help families understand their legal options after a tragic loss. Read on.
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What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is meant to help surviving family members who were affected by the death. This type of claim focuses on the losses the family suffers after losing their loved one.
Usually, close family members such as spouses, children, or parents can file the lawsuit. Compensation in a wrongful death case may include:
For example, if a worker dies in a serious truck accident caused by a careless driver, the surviving family may file a wrongful death lawsuit to recover financial support and other damages. Check out the wrongful death vs survival action in South Carolina to learn more.
What Is a Survival Action?
A survival action is different because it focuses on the harm suffered by the deceased person before death. This claim allows the deceased person’s estate to continue the legal claim the victim could have filed if they had survived. A survival action may cover:
For instance, if a person lived for several weeks after an accident before dying from their injuries, the estate may file a survival action to recover damages related to that suffering and treatment.
Main Differences Between the Two Claims
The biggest difference is who the claim is meant to help. A wrongful death lawsuit helps the surviving family members recover for their personal losses caused by the death. A survival action helps recover damages connected to the injuries suffered by the deceased person before death.
Another difference is where the compensation goes. In wrongful death cases, the money usually goes directly to family members. In survival actions, the compensation becomes part of the deceased person’s estate and is distributed according to a will or state law.
When These Claims Are Commonly Filed
Wrongful death lawsuits and survival actions can happen after many types of accidents and incidents, including:
In many cases, both claims can be filed together because they cover different damages.
Taking Action and Finding Legal Support
Losing a loved one unexpectedly is painful and stressful. Understanding the difference between wrongful death lawsuits and survival actions can help families make informed legal decisions during a difficult time.
While wrongful death claims focus on the family’s losses, survival actions focus on the suffering and damages experienced by the deceased person before death. Together, these legal claims can help families seek justice and financial support after a tragic event.
