When another person’s negligence kills a loved one, two types of claims can be filed. If it can be established that the decedent experienced some pain and suffering before his or her death, then a survival claim may be filed. In addition, if the deceased person was survived by close relatives, then the relatives may file a wrongful death case. Both types of claims are brought by the representative of the estate of the decedent, usually called an executor or administrator. Here is a quick summary of the two types of death claims.

Wrongful Death Suits

A wrongful death suit is brought on behalf of the decedent’s family members, usually a spouse, children, parents, and other close relatives. If the decedent provided financial support to his or her family members, then that can be recovered. The family can also recover the economic losses for domestic work performed by the decedent before his or her death. An economist will place a dollar figure on these services. In addition, the family members may recover for their mental anguish and loss of companionship arising out of the decedent’s death.

Survival Actions

A survival claim seeks to recover the damages that the decedent sustained before his or her death, including pain and suffering and lost wages between the time of injury and death.  

If you need an experienced attorney for a wrongful death or survival action case, contact Miraldi & Barrett, Co. in Lorain, OH. They’ve served clients in Lorain County since 1949, and they can provide the representation you need to be compensated. Visit their website to message them online or call (440) 233-1100 to arrange a consultation.