When a loved one dies unexpectedly, it’s always difficult for their survivors to cope. It’s worse, however, when a loved one’s life was tragically cut short due to someone else’s needless mistakes or actions.
The deceased’s survivors can bring two different types of claims against the responsible party when that happens. They can file either a wrongful death claim or a survival cause of action.
How a wrongful death claim and survival actions differ
In the simplest terms, a wrongful death claim is meant to compensate the deceased’s loved ones for their losses associated with that individual’s passing. This can include things like the value of the deceased’s lost income or the value of their lost services to their family, reasonable funeral expenses and burial costs.
By comparison, a survival action compensates the deceased’s estate (on their decedent’s behalf) for their losses between the moment they were injured and when they died. That compensation can include lost wages and property damage, medical bills and more.
Both survival actions and wrongful death claims are intensely emotional for the family members of a victim. That’s why it’s best to have experienced guidance that will take the burden off your shoulders during this troubled time.