When someone in your immediate family passes away as the result of negligence or an accident caused by another person, you have the right to pursue damages from the offending party.
There are options, though, and they might be confusing to anyone who doesn’t know the difference. Depending on what you choose you might be entitled to more or less compensation for the death and it can arrive in different ways.
You’re looking at a choice between wrongful death vs. survival action, but what makes them different?
If you’re trying to get all of the information you can before hiring an attorney, you’re in the right place. Keep reading to learn more so you can make an informed decision.
Wrongful Death
When considering a wrongful death claim, know that its primary purpose is to help beneficiaries of the deceased.
This means that your accident lawyer will be focusing on survivors instead of the person who has passed away. But what does this mean for you?
There are certain expenses that go along with someone’s death. These include any medical expenses that were accrued before the person passed. There’s also the issue of the financial contribution that that person would have provided for the family. If they were the breadwinner, the family is extremely disadvantaged after their death.
There’s also the issue of emotional damage and support for the family and children. These things come in the form of monetary damages.
This kind of support won’t be subject to inheritance taxes.
In short, the law acts as though the family is the injured party standing in for the deceased relative. A family member makes the claim.
Survival Action
A survival action claim is a bit different, though the results may be similar depending on the situation.
This kind of claim is made by the estate. While it might seem strange, it’s intended to compensate the deceased. Even though they’ve passed they’re entitled to compensation.
This kind of suit acts as though the person is still alive like it was a personal injury rather than a wrongful death. They’re compensated for the loss of income and earning ability as well as pain and suffering.
In this case, a representative of the estate will make the claim. The money goes straight to the estate rather than to the family. They’re included in the will of the deceased (if applicable) and the money will be distributed as such.
Wrongful Death vs. Survival Action: Which Is Right for You?
When thinking about the decision between wrongful death vs survival action, you have to take into consideration the ways that you feel comfortable distributing funds and what’s right for your family as well as for the deceased.
This decision might not be up to you. It’s important to seek legal counsel as early as possible so you can make the right choice for your situation.
For more posts about navigating the complicated legal system visit the rest of our site.
