A wrongful death lawsuit is when a family member of an individual who has died sues who they find to be the responsible and negligent party to seek damages for themselves and other close family members, such as the spouse, children, or parents. A survival action lawsuit, on the other hand, is brought on behalf of the decedent’s estate to compensate for what the deceased endured, due to the defendant’s negligence, just before dying. This may include their pain and suffering and medical bills incurred while being hospitalized. Those damages will go towards the decedent’s estate after the case. Essentially, wrongful death is brought by and for the close family members of the deceased, whereas a survival action is brought by the executor of the decedent’s estate and for the decedent’s estate.
In a survival action, the estate can earn any damages incurred from the injury until the time of death. The amount of different types of damages is much greater in wrongful deaths since there are more people to tend to, such as children who are losing income, spouses that claim loss of consortium, and more. The survival action damages are only meant for the deceased, which end up being fewer categories. Typically, this includes medical expenses, loss of wages (had they not been injured), and pain and suffering, but there can be others.
We at America’s Consumer Lawyer are proud to serve our fellow citizens in personal injury cases. We are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are compensated for the losses resulting from this tragic death, and you won’t owe us anything upfront for our services.
If your loved one has died a wrongful death due to negligence, contact America’s Consumer Lawyer for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. We have years of experience successfully representing the people, and not the powerful. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
