When a family has to suffer through a tragedy of losing their loved ones, they are not only burdened with grief and sorrow but may also face financial problems. They may lose their source of income and pay several expenses such as medical bills and funeral expenses, to name a few.
Wrongful death claims and survival action are two remedies that are available to recover damages from the person whose negligence resulted in death of the victim. Many people confuse both of these options as one, however, they are not quite the same and contrast in two different aspects.
Wrongful Death Claim vs Survival Action: What’s The Difference?
A wrongful death claim is a legal option that is provided to the family of a victim, allowing them to file a lawsuit to obtain compensation for damages. This damage may include grief and emotional damage the family had to endure, current and future lost income due to death of their loved one, medical bills associated with victim’s injury, and funeral expenses.
Contrastingly, a survival action revolves around suffering endured by a victim, known as decedent, rather than financial losses, grief, and trauma. Moreover, in case of survival action, the decedent’s estate is eligible to recover damages pertaining to pain and suffering caused to victim, medical bills, and lost wages. Another key difference is that the amount of compensation is dispersed through the victim’s estate instead of being directly awarded to the decedent’s surviving family members.
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Furthermore, a survival action is filed by the executor of a decedent’s estate. On the other hand, a wrongful death claim is typically filed by the victim’s parents, spouse, children or any other individual who is recognized as a financial dependent. Both wrongful death and survival action serve the purpose of holding an individual who committed a tort accountable for their misconduct or negligence which led to the victim’s death.
In both courses of actions, a plaintiff must demonstrate negligence of the defendant and prove that their carelessness or misconduct led to the accident or caused harm to victim in order for the claim to be successful. Most common occasions for which these claims are filed are automobile accidents. Stats provided by Insurance Institute for Highway Safety report that automobile accidents resulted in 1,003 fatal crashes in 2016 alone.
If you have lost your loved one and wish to file a lawsuit, it can be highly beneficial for your case to hire an experienced wrongful death lawyer. Your attorney will ensure that your rights remain protected throughout the litigation process. A competent wrongful death lawyer will gather evidence and devise a strong case in your favor.
If you wish to know more about this issue or to schedule a consultation session, contact the offices of Mary Ann Covone at (708) 246-4911 to get in contact with an experienced wrongful death lawyer.