What Is A Survival Action Vs. Wrongful Death Claim?

Welcome to John Hugh Shannon, your trusted source for expert legal advice in the realm of personal injury law. In this article, we will delve into the nuances of survival actions and wrongful death claims, exploring their differences and legal implications.

Understanding Survival Actions

A survival action is a legal claim that arises when a person who has suffered injuries due to the negligence or wrongful actions of another party passes away before resolving their personal injury case. In such situations, the legal action "survives" the death of the injured individual and is taken up by their estate or representative.

Survival actions aim to compensate the deceased person's estate for the pain, suffering, medical expenses, and other damages they experienced prior to their passing. These claims typically seek to hold the responsible party accountable and recover financial compensation on behalf of the deceased person's estate.

Exploring Wrongful Death Claims

A wrongful death claim, on the other hand, is a legal action initiated by the surviving family members or beneficiaries of an individual who has died as a result of someone else's negligence or misconduct. It is distinct from a survival action in that it focuses on compensating the surviving family members for the losses they have suffered as a result of the untimely death.

Wrongful death claims seek to provide financial support to the surviving family members, who may have lost a loved one's companionship, support, and potential income. Damages in wrongful death cases often include funeral expenses, loss of consortium, loss of financial support, and emotional distress.

The Legal Differences

While both survival actions and wrongful death claims involve seeking compensation for a person's death caused by another party's negligence, they differ in crucial legal aspects:

Party Involved:

• In a survival action, the deceased person's estate or representative files the claim.
• In a wrongful death claim, the surviving family members or beneficiaries initiate the legal action.

Types of Damages:

• Survival actions focus on recovering damages related to the deceased person's pain, suffering, medical expenses, and other losses prior to their death.
• Wrongful death claims aim to compensate surviving family members for the losses they have suffered, both financially and emotionally, due to the death.

Statute of Limitations:

It is important to note that survival actions and wrongful death claims may have different statutes of limitations, which vary depending on the jurisdiction and specific circumstances of each case. It is crucial to consult with a personal injury attorney to ensure adherence to the applicable deadlines.

Seek Expert Legal Advice

When dealing with personal injury cases involving survival actions or wrongful death claims, it is imperative to have the guidance and expertise of a knowledgeable attorney. At John Hugh Shannon, we understand the intricacies of these legal matters and are dedicated to providing comprehensive support and representation to our clients.

Contact us today to schedule a consultation and learn more about how we can assist you in navigating the complexities of survival actions and wrongful death claims. Our experienced team is here to fight for your rights and ensure you receive the compensation you deserve.