Monday, December 5, 2016

Survival Action vs. Wrongful Death

When someone is killed because of someone else’s negligence, a wrongful death case is usually brought up first. But did you know that a survival action claim may also be appropriate?

Key Differences

Although wrongful death and survival action are similar, there are some key differences to be aware of. In a wrongful death, the family of the deceased has the right to financial compensation. They may have suffered mental anguish or financial loss because the deceased can no longer provide a stable income.

Conversely, in a survival action, the estate could have won the damages that the deceased would have enjoyed, had they not died. It may have been lost wages or punitive damages. Take note that people who are not entitled to file a wrongful death claim can also submit a survival action.

Legal Help

If you are confused on what type of claim you should submit after a loved one’s untimely passing, talk with an attorney. Choose a professional that specializes in this type of law. They’ll help you with the legal requirements of both. It may even be appropriate to file a survival action in conjunction with a wrongful death claim. The sooner you consult with an attorney, the sooner you can start this lengthy process.

Wrongful death and survival actions both deal with a sensitive subject. It may be hard to swallow, but staying proactive with the legalities of this matter is important. Your family’s well-being and financial security depend on the actions you take next, so tread carefully.

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