When a loved one passes away due to someone else’s careless actions, it brings a deep sense of loss and grief. For many families, this time also brings practical questions about what they can do to seek justice and financial support after such a loss. In legal cases where a person dies due to the actions or wrongdoing of another person or business, family members may be able to file claims called wrongful death and survival actions. These two types of claims can seem very similar, but they serve different purposes and focus on different types of losses.
This guide will help you understand the differences between wrongful death and survival actions so that you can make sense of what each type of claim covers, who can file them, and the benefits they provide to grieving families. With this understanding, families can decide how to proceed with the help of a skilled attorney, like those at Wyant Law, to explore their legal rights and options during a challenging time.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action that a personal representative of the deceased’s Estate can file when someone dies due to the wrongful actions, carelessness, or negligence of another person or company. This claim allows legal beneficiaries, or heirs, of the deceased, along with their Estate to seek compensation for their own losses and the Estate’s losses that stem from the death. A wrongful death claim often focuses on the impact of the death on those left behind, including their emotional and financial challenges.
The goal of a wrongful death claim is to compensate the deceased’s family for the support and companionship they have lost. The law recognizes that, beyond emotional pain, a family might struggle with practical and financial issues when they lose someone they relied on. For example, if a spouse was the main provider for their household, their sudden loss can lead to financial difficulties. Additionally, family members may experience sadness, loneliness, and other emotional difficulties due to their loss, and the law allows them to seek damages for these types of suffering as well.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Who Can File a Wrongful Death Claim?
In Indiana, a personal representative of the Estate, appointed by the Court, can bring a wrongful death claim. In many cases, the spouse or children of the deceased person are the ones who can file this type of claim, but it can be any person legally appointed by the Court.
What Types of Losses Can a Wrongful Death Claim Cover?
A wrongful death claim focuses on the losses that family members experience as a result of their loved one’s passing along with any losses suffered by the Estate of the deceased. Some common types of losses that wrongful death claims can cover include financial contributions the deceased would have made to the family if they had lived, loss of companionship, emotional suffering, and the value of services the deceased provided for the family, such as childcare.
For instance, if a parent was the main breadwinner for their family, their unexpected passing can put the household in financial distress. A wrongful death claim allows the family to seek compensation for this loss of income and support. Families can also seek compensation for the emotional impact of losing a loved one, which the law refers to as “loss of consortium,” meaning the loss of companionship, love, and care the deceased would have provided.
In some cases, wrongful death claims can also include expenses related to the deceased person’s funeral and burial. These costs can add up quickly, and the law allows families to seek reimbursement to help with the financial burden of saying goodbye to a loved one.
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What is a Survival Action?
A survival action, in contrast to a wrongful death claim, does not focus on the losses experienced by family members after the person’s death. Instead, it is a claim that focuses on the pain, suffering, and losses the deceased person themselves endured before passing away. In this way, survival actions “survive” the person’s death, allowing the deceased’s estate to pursue claims they would have been able to bring if they had lived.
Survival actions can cover a range of losses the deceased experienced, including pain and suffering, medical expenses, and lost wages. These claims are essentially a continuation of the claims the deceased person could have filed if they had survived, addressing the harm they experienced directly due to another person’s actions or negligence.
For example, if a person suffered severe injuries in a car accident caused by a drunk driver and survived for a time afterward, the survival action could address the medical bills, lost wages, and suffering they endured before their death. The deceased person’s estate, which manages their property and assets after their passing, is the one that brings a survival action to seek these types of damages.
Who Can File a Survival Action?
Unlike a wrongful death claim, which focuses on family members’ losses, a survival action belongs to the deceased’s estate. This means that the estate is the one that files the claim, usually through an executor or administrator appointed to manage the deceased person’s affairs. The damages won in a survival action go to the estate itself, rather than directly to individual family members.
The estate then distributes the damages according to the deceased person’s will or, if there is no will, according to state laws on inheritance. This process helps ensure that any damages awarded through a survival action reach the deceased’s intended beneficiaries or close family members.
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What Types of Losses Can a Survival Action Cover?
A survival action covers the losses the deceased person endured before they passed away. This may include medical bills, lost income during the time they were unable to work, and damages for any pain and suffering they experienced. Survival actions can also cover property damage if the deceased person’s belongings, such as their car, were damaged due to the incident that led to their injuries.
One key element of a survival action is the focus on the harm experienced by the deceased before they passed away. For example, if a person suffered a serious injury due to someone else’s wrongdoing and lived in pain for a period before their death, a survival action can seek damages to account for this suffering. The damages are awarded to the estate as if the deceased person had lived and brought the claim themselves.
Key Differences Between Wrongful Death and Survival Actions
The main difference between wrongful death and survival actions lies in who is compensated and what the damages cover. Wrongful death claims focus on the losses suffered by family members left behind after a loved one’s passing. These claims compensate the family for the financial support, companionship, and emotional support they have lost.
In contrast, survival actions focus on the losses that the deceased person themselves endured before passing away. They compensate for medical bills, lost wages, and the pain and suffering experienced by the deceased, with any awarded damages going to the estate.
These differences are important for families to understand as they consider how to pursue justice and compensation for their loss. Depending on the circumstances, it is possible to pursue both a wrongful death claim and a survival action. However, each claim has its own requirements, and understanding the distinctions can help families work with an attorney to pursue the right claims for their unique situation.
How an Attorney Can Help with Wrongful Death and Survival Actions
The process of filing a wrongful death or survival action can be challenging and complex. With various legal procedures and strict deadlines, it can be difficult for families to know how to proceed. A knowledgeable attorney can guide families through each step, helping them understand which claims to file and what types of compensation they may be able to receive.
Legal assistance is especially important in cases involving wrongful death and survival actions because each state has its own rules and limits on what types of damages can be sought. By working with an attorney, families can ensure they meet all legal requirements, allowing them to focus on healing and remembering their loved one.
The passing of a loved one is a life-changing experience, and no amount of money can truly make up for the loss. However, wrongful death and survival actions allow families to seek some measure of justice, holding those responsible accountable and securing financial support for the future.
If you have lost a loved one due to someone else’s actions, Wyant Law is here to help you navigate the legal process. Our team understands the challenges families face and can work with you to pursue the compensation you deserve. We are dedicated to providing the support and guidance you need during this difficult time. Reach out to Wyant Law to learn more about your legal options and how we can help you move forward with strength and resilience.