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Wrongful death claims and survival claims are two distinct legal concepts that deal with different aspects of a person’s death and serve different purposes in the legal system. Here are the key differences between the two according to a wrongful death claim lawyer with our friends at Kiefer & Kiefer:

Wrongful Death Claim:

Wrongful death claims are filed by the surviving family members or beneficiaries of a person who has died as a result of another party’s negligence, recklessness, or intentional actions.

These claims seek to compensate the surviving family members for their losses, such as the emotional suffering, financial support, companionship, and other damages resulting from the death.

Wrongful death claims are typically filed on behalf of the deceased person’s beneficiaries or dependents, such as spouses, children, or parents.

The damages awarded in a wrongful death claim are intended to provide financial relief to the surviving family members who have suffered a loss due to the decedent’s death.

Survival Claim:

Survival claims, also known as a “survival action,” are filed on behalf of the deceased person’s estate rather than the surviving family members.

These claims focus on the legal rights and claims that the deceased person had at the time of their death. This can include personal injury claims, property damage claims, or other causes of action that the decedent had before their death.

Survival claims seek to recover damages that the deceased person could have pursued had they survived, and any compensation is typically used to benefit the estate, pay outstanding debts, or distribute assets to heirs or beneficiaries.

Essentially, a survival claim allows the estate to continue or bring a lawsuit that the deceased person would have been able to pursue if they had not died.

In summary, the key distinction between wrongful death claims and survival claims is that wrongful death claims are filed on behalf of surviving family members to compensate them for their losses resulting from the death of a loved one, while survival claims are filed on behalf of the deceased person’s estate to continue or bring legal actions that the deceased had at the time of their death. These two types of claims serve different legal purposes and address different aspects of a person’s death in the context of civil litigation. 

The specific laws governing these claims may vary by jurisdiction, so it’s important to consult with an attorney experienced in this area of law to understand the rules and procedures applicable in your jurisdiction. They will be able to explain the nuances of the different cases and guide you on the best legal path forward for you and your family in times of trouble. Be sure to reach out sooner rather than later so a lawyer can get started working on your case immediately.

Contact legal help located near you for a consultation to start reviewing your case and help your family get the justice they deserve; a lawyer is ready to fight for your compensation in your case to help with any emotional damages your family has sustained.