Wrongful Death vs. Survival Action Explained
Your Guide to Wrongful Death and Survival Action Claims with Dressie Law Firm
Navigate the complexities of wrongful death vs survival action claims with the Dressie Law Firm. Understand the differences, your rights, and how we can help. Call us now for more information.
Understanding Wrongful Death and Survival Action Lawsuits
Losing a loved one due to someone’s negligence or intentional malice is an emotional journey fraught with grief. Unfortunately, the wrongful death of a family member means having to mourn while actively seeking justice.
Families of wrongfully killed victims can file two types of civil lawsuits to recover compensation from the liable party—survival action and wrongful death lawsuits.
If you are seeking legal recourse following a love one’s death, this article will help you understand the difference between the two actions so you can make an informed decision. For personalized legal advice and guidance, award-winning personal injury attorneys at Dressie Law Firm are just a click away. We are ready to fight for you and get you justice.
What Is a Wrongful Death Lawsuit?
Wrongful death claims serve as a legal recourse in cases where someone’s negligence or malice causes another’s immediate death. Typically, a wrongful death suit is filed in situations where the deceased person would have had the right to file a personal injury lawsuit had they survived.
Wrongful death claims aren’t just about seeking justice; they’re also a means of addressing various losses endured by the survivors. These losses can include:
Loss of financial support: Compensation for the financial support and stability the deceased would have provided over their lifetime
Loss of consortium: Compensation for the loss of the companionship and care the deceased provided to family members, especially a spouse
Emotional distress: Compensation for the psychological impact on the surviving family members caused by the untimely death
If you are considering filing a wrongful death action, consider consulting a qualified attorney and check out our personal injury 101 guide.
Who Can File a Wrongful Death Claim?
In Georgia, a wrongful death lawsuit can be brought by the deceased’s spouse, children, or parents. If the deceased person left no close relatives, their executive or personal representative can file a wrongful death claim and recover damages for the benefit of the deceased’s beneficiaries.
What Is a Survival Action?
A survival action is initiated to claim compensation for the damages suffered by the deceased between their initial injury and the time of death. These damages are usually awarded to the injury victim, but when they succumb to their injuries, their surviving family members are entitled to claim them.
Recoverable damages in a survival action are related to the deceased individual’s economic and noneconomic losses. These can include:
Medical expenses: Compensation for any medical expenses accrued due to the victim’s injury
Pain and suffering: Compensation for the physical and emotional pain suffered by the deceased during the period between the initial injury and their death
Lost wages: Compensation for the victim’s lost wages if the injury caused them to miss work
Property Damage: If the accident that led to the victim’s injury caused any property damage, such as a car accident, the victim is entitled to compensation.
Who Can File a Survival Action?
It typically falls under the responsibility of the representative of the deceased person’s estate to file a survival action. The estate representative is entrusted with representing the deceased’s interests and pursuing legal actions on their behalf.
To help understand this better, imagine Jane, a hypothetical 45-year-old woman, was involved in a car accident caused by a negligent driver. Despite surviving the crash, she experienced severe injuries resulting in medical expenses, loss of income, and emotional distress. Tragically, a few months later, Jane passed away due to complications from her injuries.
In this scenario, the executor of Jane’s estate could file a survival action claim, seeking compensation for the damages she endured before her death.
Dressie Law Firm has successfully navigated cases like this. With a proven track record of achieving favorable outcomes, our firm is dedicated to providing compassionate and effective representation, ensuring justice for individuals and their families in the aftermath of fatal accidents.
Wrongful Death vs Survival Action: The Key Differences
While wrongful death claims and survival actions are both personal injury lawsuits that can be filed following the wrongful death of a loved one, they are not exactly the same. Wrongful death claims primarily compensate the family members of the deceased, addressing the emotional and financial losses they experience due to the untimely death.
On the other hand, survival actions aim to compensate for the damages the deceased suffered before their passing, offering a legal continuation of action the deceased person would have taken had they survived.
Another difference between wrongful death claims and survival actions is the party eligible for filing. As discussed above, a wrongful death claim can be filed by the surviving spouse, children, or parents of the deceased person. However, a survival action must be filed by the deceased’s estate representative.
Our compassionate and experienced Atlanta wrongful death attorney can help you pursue the right claim for your situation and fight to get you fairly compensated.
Let Dressie Law Firm Help You
Finding legal representation with a proven track record is paramount when considering a wrongful death or survival action claim. Dressie Law Firm has handled wrongful death and personal injury lawsuits for over two decades, recovering more than $30,000,000 in damages for our clients.
Our team of dedicated, experienced, and award-winning personal injury lawyers is ready to fight for you and your right to fair compensation. We are not afraid to take your case to court, no matter who the responsible party is.
If you find yourself grappling with a wrongful death claim or a survival action, Dressie Law Firm is here for you. Our experienced team is ready to guide you through the legal process with personalized and empathetic support.
Take the first step toward justice and closure now. Schedule your free consultation with Dressie Law Firm.
The Dressie Law Firm Can Help You
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