Losing a loved one due to someone else’s negligence is devastating. On top of the emotional pain, families often face legal decisions that can feel confusing. Two types of claims commonly arise in these situations: survival actions and wrongful death lawsuits. While they may seem similar, each serves a distinct purpose and addresses different types of losses. Understanding the differences can help families protect their rights and pursue the compensation they deserve.
What is a Survival Action?
A survival action is a legal claim filed on behalf of the deceased person’s estate. Its purpose is to allow the deceased’s legal rights to continue even after death. Essentially, it seeks compensation for the injuries and losses the individual suffered prior to passing away.
Damages in a survival action may include medical expenses related to the injury, pain and suffering endured before death, lost wages or income the deceased would have earned, and other losses the person experienced prior to their passing. The claim is typically filed by the executor or personal representative of the estate, and any compensation recovered becomes part of the estate.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit, by contrast, is brought by the surviving family members rather than the deceased person’s estate. Its purpose is to compensate the family for the financial and emotional impact of losing a loved one due to another party’s negligence or intentional act.
Wrongful death claims often cover the loss of financial support the deceased would have provided, loss of companionship and emotional guidance, funeral and burial expenses, and other tangible or intangible harms suffered by the survivors as a result of the death.
How Survival Actions and Wrongful Death Claims Work Together
In many cases, both types of claims may arise from the same incident. The survival action addresses the harm experienced by the deceased before death, while the wrongful death claim addresses the losses suffered by the family after the loss. Filing both claims ensures that the estate and the survivors are fairly compensated for the full scope of damages caused by the negligence or wrongdoing.
It is also important to note that each claim has specific timelines and legal requirements. Failing to file within the appropriate period can result in losing the right to pursue compensation. Working with experienced personal injury and wrongful death attorneys can help families navigate these complexities and protect their legal rights.
How an Attorney Can Help
These cases are often complex, involving detailed documentation of medical records, financial loss, and emotional damages. An experienced attorney can assess the case, determine which claims are appropriate, and advocate for maximum compensation. They can also handle negotiations with insurance companies or opposing parties, and, if necessary, represent the estate and family in court.
San Francisco Wrongful Death Attorneys
At Rouda Feder Tietjen & McGuinn, we understand the profound impact of losing a loved one due to someone else’s negligence. Our team is dedicated to guiding families through both survival actions and wrongful death lawsuits, ensuring that every claim is handled with care, skill, and determination.
If your family has lost a loved one due to an accident or negligence, contact Rouda Feder Tietjen & McGuinn today at (415) 940-7176. We offer compassionate, experienced legal representation to help you pursue the justice and compensation your family deserves.
