Differences Between Wrongful Death And Survival Actions


When a loved one passes away and you are trying to decide which actions are the best to take next, you might find yourself confused about the difference between wrongful death and survival actions. If you are not sure which of these actions you should take, it's a good idea to speak with a wrongful death lawyer.

Wrongful Death Vs. Survival Actions

Wrongful death is a situation in which an individual passes away due to the negligence of another. Depending on your relationship with the deceased, you may be entitled to compensation for pain and suffering, lost wages, and several other damages. 

Both survival action and wrongful death are lawsuits that the survivors of the deceased can bring against a party that is considered to be responsible for the death of a loved one. Survival action takes into consideration the damages that the deceased suffered right before their death. The surviving family members of the deceased would then be entitled to compensation for these damages. The survival laws include damages that the deceased incurred at the time of their death.

How Wrongful Death Is Different

An attorney might recommend that you file a wrongful death claim because you will potentially receive compensation for immediate damages you have suffered as a result of the loss of your loved one. You will be entitled to compensation for your partner's lost financial support. The loss of your loved one's care, comfort, and society are also taken into account.

The "loss of society" refers to the loss of companionship, guidance, advice, and kindly offices of the deceased. "Kindly offices" refers to the duties that the deceased offered as a family member when alive. Loss of society primarily covers the emotional services that a family member provides.

How to Receive Additional Damages Covered Under Wrongful Death

To receive compensation for damages related to wrongful death, your attorney will need to prove that you suffered these damages. For example, you may need to see a therapist to prove that you suffered from these emotional damages. 

The loss of a loved one can be especially impactful to a child during their formative years and a survival action might not take this into account. Therefore, you will want to schedule an appointment to meet with a wrongful death attorney so you can discuss your legal options and find out if there is a chance that you are entitled to compensation.


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Getting Legal Help When You Need It Most

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