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What Is The Key Difference Between Wrongful Death And Survival Action?

The loss of a loved one is never easy, especially when their death is the result of another’s recklessness. The aftermath of their demise often brings financial strain through unexpected wage loss and medical bills. Seeking compensation as a family is always essential, even though it can never compare with the demise.

There are two alternatives regarding filing a claim to recover the losses. One of them is a wrongful death claim, and the other is a survival action. In both, the decedent’s family ought to prove that the defendant caused the death. However, there are differences worth knowing between the two, which can help make a well-guided decision on what to go for.

What Are Wrongful Death Claims?

A wrongful death claim should happen when the death involves one party being negligent and reckless. Different types of accidents tend to attract these types of claims. Common ones are medical malpractices, auto accidents, head and neck injuries, and workplace accidents. 

Any benefits which come as a result of the lawsuit go to the family of the deceased. The amounts will vary depending on the nature of the wrongful death but commonly include the medical bills and overall reduced income for the family.

Understanding Survival Actions

Survival actions also aim at bringing compensation but in a different approach. To be precise, It’s done on behalf of the deceased person’s estate. The move is made mainly by the administrator of the estate. 

A different view of it is that if the person survived the accident, what claims could they have made? This is an aspect on which the administrator bases the claim filing to show how the loss was huge.

In Salem, Portland, many have succeeded in such lawsuits by involving attorneys. A Salem Wrongful Death Lawyer will include damages such as pain and suffering. What is crucial is finding the advocate who is competitive in the legal practice as you will receive guidance on how to prepare the evidence.

Key Differences between Wrongful Death Lawsuits and Survival Actions

In a wrongful death claim, the spouse or family, in general, is the one who brings the suit. The compensation will, therefore, go to them in case of a successful legal process. On the other hand, it’s the personal representative of the estate who files the claims. The benefits which come afterward go straight to the estate.

The second difference is in the type of damages the cases focus on. For a wrongful death claim, such focus is on the financial losses through the medications, lost income, and other financial losses. In a survival action, compensation is on the damages the person could have filed against in case of survival. This could be the pain and suffering due to negligence.

Wrongful death claims and survival actions are necessary forms of recovering approaches for the financial problems due to death. There are differences, though, for instance, on who files the claim and receives the benefits. Most important is finding a lawyer who will guide you through the whole filing and court process.

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