How Do Wrongful Death and Survival Actions Differ?

When a loved one dies due to someone else’s actions, it can be difficult to navigate the legal process. Two common legal actions in such situations are wrongful death and survival actions. While both address harm caused by the death, they differ in purpose and damages sought.

Wrongful death action

A wrongful death action is filed by surviving family members, such as spouses, children, or parents, against the party responsible for the death. The focus is on the survivors’ loss. Damages may include funeral expenses, loss of companionship, and emotional distress. Wrongful death actions aim to compensate survivors for the emotional and financial effects of their loved one’s death.

Survival action

Survival actions are filed on behalf of the deceased’s estate. These actions seek damages the deceased person could have pursued if they had survived. For example, compensation for pain and suffering before death or lost wages. Survival actions are typically handled by the estate’s representative.

Key differences

A key difference between wrongful death and survival actions is the focus of the claim. Wrongful death actions compensate survivors, while survival actions recover damages for the deceased’s estate. Wrongful death actions address emotional and financial loss to survivors, while survival actions cover losses experienced by the deceased prior to death.

Understanding the legal process

The legal process for both actions can be complex. Deciding which action is appropriate depends on the case and the goals of the family or estate. In some cases, both actions can be pursued together, offering compensation for both survivors and the estate.

Though these actions differ, both serve an important role in ensuring justice after a loss. Understanding these differences can help you determine the right approach.