Wrongful death and survival action are two distinct legal claims, but they are often confused. This blog post will explain the difference between these two types of claims, their similarities, and when each type of claim is used.
Statutory differences between wrongful death and survival actions
Wrongful death and survival action are two distinct legal claims that are brought to court in the event of a fatal injury. Although both are brought by the family of the deceased, there are some key differences between them. Wrongful death claims are brought by the family of the deceased and are intended to seek compensation for damages such as medical expenses, pain and suffering, and loss of income.
Survival action, on the other hand, is brought by the representative of the deceased and seeks compensation for damages such as medical expenses, pain and suffering and loss of companionship that the deceased would have experienced had they survived the injury. As a result, these two separate claims are often brought by the same parties, but the damages sought in each claim can differ drastically.
Differences in the elements of proof between wrongful death and survival actions
Wrongful death and survival actions are two distinct legal claims that are available to the family of a deceased person who was killed due to the negligence of another person. Although both involve a death, there are some key differences between these two types of claims. The main difference lies in the elements of proof required for each.
In a wrongful death action, the plaintiff must prove that the defendant’s negligence caused the death of their loved one, while a survival action requires the plaintiff to prove that the deceased suffered pain and suffering before their death. Additionally, a wrongful death action seeks compensation for the survivors’ loss of the deceased’s companionship, while a survival action seeks compensation for the deceased’s own suffering and medical expenses.
By understanding the differences in the elements of proof required for wrongful death and survival actions, families can better determine which claim is right for them.
Differences in the statute of limitations for wrongful death and survival actions
Wrongful death and survival actions are two separate legal claims that can be brought in the event of a wrongful death. The primary difference between these two claims is the statute of limitations.
In a survival action, the statute of limitations is usually the same as the statute of limitations for personal injury claims in the applicable state, which can range from one to six years. It is important to note that the statute of limitations for these claims can be extended under certain circumstances, so it is important to seek legal advice as soon as possible.
Examples of wrongful death and survival actions
Wrongful death and survival actions are two areas of law that are often confused with one another. While both involve claims for damages due to the negligence of another, there is an important difference between the two.
Survival actions, on the other hand, are brought on behalf of the deceased person’s estate and seek damages for the pain and suffering experienced by the deceased person before their death. In other words, wrongful death actions compensate the family or estate for the lost life, while survival actions compensate the estate for the pain and suffering that the deceased endured.
Pros and cons of bringing a wrongful death or survival action
When a loved one dies due to the negligence of another person, the family may be able to file a wrongful death claim or a survival action. It’s important to understand the difference between these two types of legal claims, so that the family can make an informed decision about which route to take.
Wrongful death claims are brought by the executor or administrator of the deceased’s estate, on behalf of the family. The goal of a wrongful death claim is to recover damages for the family, such as for medical expenses, lost wages, and pain and suffering. Survival actions, on the other hand, are brought by the deceased’s estate and seek to recover damages that the deceased experienced prior to their death.
This may include medical expenses, lost wages, pain and suffering, and punitive damages. The biggest difference between a wrongful death and survival action is the damages that are recovered.
It is important to note that the two claims may be brought together, or separately, depending on the circumstances. Ultimately, the decision of whether to bring a wrongful death or survival action is a personal one.
It’s important to consult with an experienced attorney who can advise you on the best course of action for your particular situation.
Bottom Line
In conclusion, wrongful death and survival actions are two distinct types of legal claims that can be brought after the death of a loved one. A wrongful death action is a lawsuit brought by the beneficiaries of the deceased person against the person or entity that caused the death.
A survival action is a lawsuit brought by the estate of the deceased person against the person or entity that caused the death. Both claims can seek damages for the losses suffered by the decedent and their beneficiaries. The distinction between these two types of claims is important in order to ensure that those responsible for causing the death are held accountable.
