Generally, there are two types of legal recourse to the painful loss of a loved one due to negligence: filing a wrongful death claim or a survival action claim (or both). A wrongful death claim focuses entirely on the survivors — typically the surviving spouse and/or children, with some states also granting that right to a domestic partner or parents. It is meant to cover the losses of financial support, benefits, love, companionship, comfort, care, and moral support that surviving family members face.
Compensation recovered for wrongful death goes directly to family members. Punitive damages are typically not recoverable for wrongful death claims (with a few exceptions).
A survival action claim is focused on the deceased victim and is usually filed in situations where they are injured by another party’s negligence but survive the initial event, only to die later due to their injuries. The longer the time between the initial incident and death, the stronger the claim. During this time, damages suffered by the victim may include having endured substantial pain, suffering, and emotional anguish, and possibly racking up significant medical expenses and lost wages.
Compensation for survival action claims is paid directly to the deceased victim’s estate and is distributed upon the estate’s settlement. A claim is typically initiated by a personal representative of the estate. Punitive damages are on the table if the victim had survived and been entitled to them.
In many instances, a survival action claim and wrongful death claim are pursued simultaneously to achieve fuller justice.
If you have lost a loved one due to negligence, contact our office to explore your options.
