In the unfortunate event of a loved one’s passing due to someone else’s negligence or wrongful actions, seeking justice becomes a priority for the surviving family members. Two legal avenues for pursuing compensation and accountability in such cases are wrongful death and survival actions. In this blog post titled Differences Between Wrongful Death and Survival Actions, we will explore the key differences between these two legal actions, shedding light on their distinct purposes and the compensation they offer.
Wrongful Death Action
A wrongful death action is a legal claim that allows the surviving family members to seek compensation for their losses and suffering resulting from the wrongful death of their loved one. Here are the essential aspects of a wrongful death action:
- Filing Party: Surviving family members or beneficiaries who have suffered financial and emotional losses due to the decedent’s death typically file wrongful death claims.
- Purpose: The primary purpose of a wrongful death action is to compensate the surviving family members for their losses. This includes economic damages like medical expenses, funeral costs, lost income, and non-economic damages such as pain and suffering, loss of companionship, and mental anguish.
- Compensation Distribution: Compensation awarded in a wrongful death claim is typically distributed among the surviving family members according to the court’s judgment or through a settlement agreement.
Survival Action
A survival action is a legal claim that allows the estate of the deceased individual to initiate a lawsuit for damages that the decedent would have been entitled to if they had survived. Here are the essential aspects of a survival action:
- Filing Party: The personal representative or executor of the deceased person’s estate files survival actions, as opposed to the surviving family members.
- Purpose: The primary purpose of a survival action is to seek compensation for the damages and losses suffered by the deceased person before their death. This can include medical expenses, pain and suffering, lost wages, and other losses experienced by the decedent.
- Compensation Distribution: Any compensation awarded in a survival action becomes part of the deceased person’s estate. This is typically distributed following the terms of the deceased person’s will or through state inheritance laws.
Key Differences
The key differences between wrongful death and survival actions lie in their filing party, purpose, and compensation distribution:
- Filing Party: Surviving family members file wrongful death actions. The deceased person’s estate files survival actions through their personal representative.
- Purpose: Wrongful death actions aim to compensate the surviving family members for their losses and suffering due to the death. Survival actions seek compensation for the damages suffered by the deceased person before their death.
- Compensation Distribution:Wrongful death actions distribute compensation to the surviving family members. Survival actions involve compensation that becomes part of the deceased person’s estate and follows a distribution plan accordingly.
The Complementary Nature of These Actions
Because many individuals pursue wrongful death and survival actions simultaneously in many cases. Wrongful death actions focus on the losses experienced by the surviving family members. Survival actions seek compensation for the suffering and damages endured by the deceased individual. These two actions can complement each other, providing comprehensive legal recourse for the family and the estate of the deceased.
Seeking Legal Representation
Navigating wrongful death and survival actions can be legally complex and emotionally challenging. It’s essential to consult with a knowledgeable personal injury attorney in Salt Lake City. They can help you understand the differences between these legal actions, evaluate your unique situation, and provide the guidance. You need an attorney’s support to seek justice and compensation on behalf of your loved one. With an attorney’s expertise, you can navigate the legal process with confidence. They will work toward holding those responsible accountable for their actions.
