After the loss of a loved one due to the negligence of another party, there are two predominant legal pathways to be aware of. Survival actions and wrongful death claims can provide financial stability and justice for the surviving family.
These two claims are similar but serve different purposes. This blog discusses each claim and how they can support a family dealing with loss.
What Are Survival Actions?
Survival actions are legal claims made on behalf of a deceased family member. They may also be the continuation of a personal injury claim that the deceased started before they died. Essentially, a survival action lawsuit seeks compensation for the damages the deceased would have been entitled to had they survived.
Survival actions are intended to compensate those who have inherited the damages from the deceased. Because the deceased cannot collect the compensation, their heir or estate can file a survival action. The recoverable damages can include:
- Medical expenses incurred before death
- Lost wages during the period between injury and death
- Pain and suffering experienced by the deceased before death
- Any punitive damages the deceased could have claimed
What Are Wrongful Death Claims?
A wrongful death claim is specifically intended to compensate the family of the deceased or beneficiaries for the losses they have suffered as a result of their loved one’s death. Wrongful death claims focus on the financial and emotional impact of the loss. This claim is filed by specific, legally eligible family members or an estate representative.
In essence, a survival action seeks compensation for the deceased, and a wrongful death claim seeks compensation for the deceased’s family. Said another way, the recoverable damages will focus on the family rather than the deceased individual. Common damages included in a wrongful death claim include:
- Loss of future income and financial support
- Loss of companionship
- Loss of parental guidance
- Funeral and burial expenses
- The family’s emotional distress
How Are Survival Actions and Wrongful Death Claims Different Procedurally?
Different legal principles govern survival actions and wrongful death claims. While these claims may be filed together, they are separate legal actions with unique requirements and objectives. Speaking to a San Diego wrongful death attorney about these distinctions will help you understand how to approach each claim.
What Is the Statute of Limitations for These Claims in California?
Different claims have specific statutes of limitations. In California, the time limit for wrongful death claims is two years from the time of death. However, a survival action may be brought either within six months of the victim’s death or two years from the date of the initial incident, whichever comes last.
How Do These Claims Work in Practice?
Consider the following scenario to fully understand the differences between wrongful death claims and survival actions. Imagine an individual being injured in a workplace accident. They may start the process of a personal injury claim to seek compensation for the damages resulting from the accident.
Should this person die while their claim is ongoing, their living heir or estate may continue to pursue the personal injury claim. They would claim a survival action on behalf of the deceased. A survival action will help the family to recoup the damages incurred by the deceased before their death.
A wrongful death claim, which may be filed simultaneously, would address the long-term impact on the family or dependents of the deceased. A wrongful death claim would, if successful, provide compensation for both the economic and non-economic damages of the family. These damages are calculated separately from the damages the deceased would have received.
Why Do You Need an Attorney for a Survival Action or Wrongful Death Claim?s
Due to the intricacies and differences between wrongful death claims and survival actions, specialized legal expertise can be an invaluable resource. Attorneys have the knowledge and resources to fulfill all requirements and meet all deadlines necessary for these claims. Your attorney will:
- Assess which types of claims are appropriate for your situation
- Gather all relevant evidence and investigate the circumstances of the case
- Calculate damages and negotiate for a settlement
- Represent you and your family’s interests in court
How Can Legal Compensation Help Your Family After Loss?
While legal claims can never undo the loss of a loved one, they still play a vital role. The damages rewarded in survival actions and wrongful death claims can provide financial stability in a volatile time. If your deceased loved one had children or other dependents, the compensation received can support their future needs and education.
Pursuing these claims when reeling from a loss can be difficult, but they are unavoidable. Your financial well-being will give you the time to grieve, and when you are ready, you will have the resources to move forward. Understanding the differences between survival actions and wrongful death claims empowers you to make informed decisions to secure the future of your family.
How Do You Choose Between a Survival Action and a Wrongful Death Claim?
Survival actions and wrongful death claims are powerful tools that offer families ways to seek compensation for the death of a loved one. Each claim serves a unique purpose and addresses different types of damages. If you have lost a loved one and feel unsure about which claims to pursue, or you cannot navigate the legal landscape alone, you can contact HHJ Trial Attorneys.
Our expert legal professionals have the experience and compassion to guide you and your family through this process. This experience isn’t something you should face alone. We are here to support you and take the weight of the legal process off your shoulders.
