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When a loved one dies because of someone else’s carelessness, a wrongful death claim can help you collect compensation and achieve some measure of justice. However, these lawsuits limit the types of damages you’re eligible to collect. If your loved one initially survived their accident but eventually succumbed to their injuries, your attorney may recommend filing a survival action as well. Below are answers to a few frequently asked questions about these similar types of legal actions.

Answering Common Questions About Survival Actions

What are the differences between survival actions and wrongful death suits?

The primary difference between survival actions and wrongful death suits are the types of damages you may collect. Wrongful death claims typically allow survivors to collect compensation for their own damages, including the loss of financial support, burial expenses, and their own emotional trauma.

Survival actions, on the other hand, are intended to compensate survivors for losses incurred between the accident and the victim’s death. In a survival action, your attorney may sue for your loved one’s medical expenses, physical trauma, and wages they lost before they passed away.

Who may file a survival action?

wrongful deathEach state gives different people the right to bring a survival action or wrongful death suit to court. Some states allow family members to file a lawsuit directly, while others, such as Virginia, require the personal representative of the decedent's estate to take action.

Can I file a survival action if the victim’s death wasn’t related to the accident?

Personal injury law assumes that a defendant’s liability outlives the victim, regardless of the cause of death. If a plaintiff passes away before their personal injury lawsuit can be resolved, the representative of their estate can convert the claim to a survival action.

Can I file a survival action and a wrongful death claim?

In some cases, the executor of the estate may choose to pursue both a wrongful death claim and a survival action to ensure the family receives the full compensation they’re entitled to. However, the court will usually combine the two lawsuits for the sake of expediency.

 

Since 1979, Crandall & Katt, Attorneys at Law have been protecting the rights of injured people throughout southwest Virginia. If you’ve lost a loved one due to someone else’s negligence, they’ll help guide you through the legal system and ensure you receive the compensation you deserve. Visit their website to learn how they can help with your wrongful death claim, or call (540) 342-2000 to request a consultation today.

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