Wrongful Death Vs. Survivorship
Losing a loved one is always extraordinarily difficult, and it is natural for grieving family and friends to be thinking of things other than their legal options at such a trying time. However, it is still important for those who have lost someone close to understand their rights, particularly if someone else is responsible.
There are two primary types of tort cases that allow recovery of losses suffered as a result of someone’s passing: wrongful death and survivorship. A wrongful death claim is one for damages that result from a person’s death caused by the wrongful conduct of another. On the other hand, a survival action is a claim for damages that the deceased person would have been able to bring if he or she were alive.
The laws of individual states dictate the details of these claims and vary from state to state, but there are some general principles to keep in mind. For example, the law usually permits a representative of the deceased person to bring a wrongful death claim for the benefit of the deceased person’s legal beneficiaries. These beneficiaries are defined by law and can differ by state, but are usually close family members such as spouses, parents, children, and, in some states, brothers and sisters. The law generally requires that a survival claim be brought by the deceased person’s estate through a personal representative.
Additionally, wrongful death and survival claims allow recovery of different types of damages. Wrongful death claims are mostly based on damages suffered by the deceased person’s beneficiaries. While the laws of different states define these damages specifically, wrongful death damages normally include the emotional effect of the loss of a loved one, that person’s expected companionship, guidance, household services, financial support, and funeral expenses.
A survival claim generally involves damages that the deceased person suffered before his or her passing, such as lost wages and physical or emotional pain. One example of how laws differ among states is how a deceased person’s medical bills are treated. Some states allow medical bills incurred for treatment of the injury that led to a person’s passing as part of the damages in a wrongful death claim, while others allow the person’s estate to recover medical bills in a survival claim. As with any type of case, the law limits the amount of time in which wrongful death and survival claims may be filed.
Losing a loved one is difficult enough, especially when it happens because of someone else’s irresponsibility. The legal process in the aftermath shouldn’t add to the stress. An experienced lawyer can help navigate the process to achieve closure and justice. Contact us today.
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