If you’ve lost a loved one due to someone else’s negligence, you might have come across the terms survival action and wrongful death but are unsure about what they mean or how they differ. These two types of legal claims can be confusing, but understanding their differences is important when determining which option is right for your situation. In this guide, we’ll break down each claim type with examples to help you navigate the legal process in Knoxville.
A survival action focuses on the pain, suffering, and expenses that your loved one experienced between the time of their injury and their passing. This type of claim allows the deceased’s estate to recover compensation on their behalf. It’s called a survival action because the right to claim damages "survives" even after the person has passed away. The goal is to hold the responsible party accountable for what the person went through before they died.
Example:
If your loved one was injured in a car accident and survived for some time before passing away, you could file a survival action to seek compensation for their medical bills, lost wages, and pain and suffering during that time. Even though they are no longer here, their estate can pursue this claim to recover the damages they suffered before their death.
A wrongful death claim, on the other hand, focuses on the loss experienced by the family and loved ones after the individual’s death. This claim seeks compensation for the impact the loss has on the surviving family members. In a wrongful death claim, the family can recover damages for things like the financial support the deceased provided, funeral costs, and the emotional pain of losing a loved one.
Example:
If your loved one passed away in a car accident caused by another driver’s negligence, you could file a wrongful death claim to recover damages for funeral expenses, loss of income, and the emotional toll the death has taken on the family.
Here’s a simple way to understand the difference:
Survival Action focuses on what the deceased person went through between their injury and their death, such as pain, suffering, and medical expenses.
Wrongful Death is about the losses the family suffers because of their loved one’s death, like financial support, funeral costs, and emotional grief.
While both types of claims may come from the same incident, they address different kinds of losses.
Filing a survival action or a wrongful death claim can be complicated, especially when you’re dealing with a loss. Having a skilled Knoxville injury lawyer by your side can help make sure your rights are protected and that you get the compensation you deserve. An attorney will help you understand which claim fits your situation and guide you through the legal process so you can focus on healing.
At The Law Offices of G. Turner Howard III and Associates, we understand the emotional and financial struggles that come with losing a loved one. Our experienced attorneys are here to help you determine whether a survival action or a wrongful death claim is right for you. We’ll work tirelessly to fight for justice and ensure that you and your family are taken care of during this difficult time.
If you’re unsure about your legal options or have questions about survival action and wrongful death claims, we’re here to help. Contact The Law Offices of G. Turner Howard III and Associates for a free consultation. We’ll listen to your story, explain your rights, and guide you through the legal process with care and compassion.
