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.
Wrongful Death Lawsuits Against Nursing Homes and Assisted Living Facilities in Indiana
Losing a loved one is a painful experience, and when that loss happens under circumstances that seem preventable, the pain can be even more difficult to handle. In Indiana, families who believe their loved one’s death occurred due to the negligence of a nursing home or assisted living facility may have the option to file a wrongful death lawsuit. These cases can help families seek justice and compensation for the harm caused by the facility’s failure to provide proper care. Understanding the steps involved in wrongful death lawsuits and what to expect is crucial for families facing these tragic situations.
What is Wrongful Death in Nursing Homes?
Wrongful death occurs when a person dies as a result of someone else’s careless actions. In nursing homes and assisted living facilities, this could happen if the staff fails to provide adequate care, leading to injuries, illnesses, or other problems that cause the resident’s death. Common reasons for wrongful death in these settings include neglect, abuse, medical errors, and failure to follow safety protocols. Families who suspect wrongful death in a nursing home should not have to bear the burden alone, and filing a lawsuit may offer some sense of accountability and closure.
Negligence in Nursing Homes and Assisted Living Facilities
Negligence is a key factor in many wrongful death cases involving nursing homes. When a facility neglects to care for its residents properly, it can result in serious harm or even death. Negligence might involve failing to provide necessary medical care, not ensuring that residents receive proper nutrition, or not responding to emergencies in a timely manner. If the nursing home staff fails to follow basic standards of care, they could be held responsible for the death of a resident. This type of negligence is unacceptable, and families have the right to seek legal action to hold the facility accountable.
Recognizing Signs of Nursing Home Neglect or Abuse
It can be difficult to know whether a nursing home or assisted living facility is providing the level of care your loved one needs. However, there are some warning signs that could suggest neglect or abuse is occurring. These signs might include unexplained injuries, bedsores, sudden weight loss, dehydration, or unsanitary living conditions. Behavioral changes in your loved one, such as depression, fear, or anxiety, could also be indications that something is wrong. If you notice any of these signs, it is important to investigate further and take steps to protect your loved one from harm.
Common Causes of Wrongful Death in Nursing Homes
There are many different ways that negligence or abuse in nursing homes can lead to wrongful death. One of the most common causes is poor medical care. This can include failing to properly manage medications, not treating infections in time, or not providing appropriate care for chronic conditions like diabetes or heart disease. Falls are another frequent cause of death in nursing homes, especially when staff members fail to supervise residents who are at risk of falling. Malnutrition and dehydration can also lead to serious health problems and even death if residents are not given enough food and water. Each of these situations represents a failure on the part of the nursing home to meet its duty of care to residents.
The Legal Process for Filing a Wrongful Death Lawsuit
If you believe that your loved one’s death was caused by negligence or abuse in a nursing home or assisted living facility, it is important to understand the legal process for filing a wrongful death lawsuit in Indiana. The first step is usually to contact a wrongful death attorney who has experience handling cases against nursing homes. They will help you gather the necessary evidence to prove that the facility’s actions—or lack of actions—led to your loved one’s death. This could include medical records, witness statements, or other documentation that shows the facility’s failure to provide proper care.
After gathering evidence, the attorney will file a lawsuit on behalf of the family. The lawsuit will typically allege that the nursing home or its staff were negligent in their care of the resident and that this negligence directly caused the resident’s death. The facility will have the opportunity to respond to these claims, and both sides may engage in negotiations or go to trial, depending on the circumstances. The goal of the lawsuit is to seek compensation for the family’s losses, including medical expenses, funeral costs, and emotional pain and suffering.
Challenges in Proving Nursing Home Wrongful Death Cases
Proving that a nursing home or assisted living facility is responsible for a resident’s death can be challenging. Nursing homes often have complex medical records and a team of legal professionals defending them. Families may find it difficult to obtain the evidence they need to show that negligence or abuse occurred. However, with the right legal help, it is possible to build a strong case. Attorneys who handle these types of cases are familiar with the tactics nursing homes use to avoid responsibility and can help families navigate the legal process.
In addition, proving wrongful death in a nursing home often requires the testimony of medical specialists who can explain how the facility’s failure to provide adequate care contributed to the resident’s death. These professionals will review the medical records and other evidence to determine whether the standard of care was met and whether the facility’s actions were responsible for the resident’s death. Having this type of testimony can be crucial in winning a wrongful death case.
How Compensation is Determined in Wrongful Death Cases
When a family files a wrongful death lawsuit against a nursing home, they are seeking compensation for the damages they have suffered as a result of their loved one’s death. These damages can include the cost of medical care provided to the resident before their death, funeral and burial expenses, and the emotional toll that the loss has taken on the family. In some cases, the court may also award punitive damages, which are meant to punish the facility for particularly reckless or harmful behavior. The amount of compensation awarded in a wrongful death case can vary depending on the specific facts of the case and the extent of the family’s losses.
Why Legal Help is Important for Wrongful Death Cases
Wrongful death cases against nursing homes and assisted living facilities are often complex and difficult to handle without legal assistance. Nursing homes and their insurance companies will likely have experienced attorneys on their side who are prepared to fight against the family’s claims. For this reason, it is important for families to work with an attorney who can help them navigate the legal system and ensure that their case is handled fairly. Having a knowledgeable guide on your side can make all the difference in the outcome of your case.
An attorney will not only help you understand your legal rights but will also handle all the paperwork, negotiations, and court appearances that may be required in a wrongful death case. This can help take some of the stress off the family during what is already a difficult time. Additionally, an attorney will work to ensure that you receive the compensation you deserve for the harm that was caused by the nursing home’s negligence.
What Families Should Do If They Suspect Wrongful Death
If you believe that your loved one’s death was the result of neglect or abuse in a nursing home or assisted living facility, it is important to act quickly. Begin by documenting any signs of neglect or abuse that you noticed before your loved one’s death. Keep a record of medical conditions, injuries, or any changes in your loved one’s behavior. Contacting an attorney as soon as possible is crucial, as they can help you gather the evidence you need to build a strong case. Time is often of the essence in these cases, and the sooner you act, the better chance you have of holding the facility accountable for its actions.