What is the difference between survival action and wrongful death?

A wrongful death claim is filed by the family of the deceased and is meant to compensate them for their losses due to the death of their loved one. A survival action claim is filed by the estate of the deceased to help compensate for their expenses from their injury leading up to their death.

A wrongful death claim is typically filed when the victim dies immediately from an act of negligence by another party that results in a fatal injury. The damages sought in these claims typically includes compensation for the loss of financial support if the deceased were an intregal part of the family's income, the pain and suffering the family experiences from the loss their member and funeral as well as burial expenses.

A survival action claim is filed when a victim is injured by another's negligence but does not die from the injuries until sometime later. The compensation received in this claim will seek to cover the medical expenses incurred during that time between accident and death. A survival cliam seeks to prevent the responsible party from escaping liability because the accident did not become fatal until after the accident.

Every fatal personal injury case is unique and not all cases will qualify as a wrongful death claim or survival action claim, while some may be eligible for both types of claims. Your Atlanta wrongful death attorney can help explain your situation and determine your options for compensation.