Wrongful Death vs Survival Action : What’s The Difference?
When a person dies unexpectedly, the first thing that the surviving family members will do is recover potential loss. According to the website of Williams Kherkher, the family of the deceased is forced to cope with the death and cope with the loss. In such instances, there are two possible actions that they will do and that is file a wrongful death claim and a survival action case. But what is the difference between the two? Let us take a look.
Wrongful death compensates the family of the deceased for their losses. In this type of claim, the lost wages is recoverable and usually includes lost wages that can be recovered by the family members as well as the emotional toll of the sudden death of their loved one.
The damages will go directly to the family members and need not pass through the deceased’s estate. In wrongful death, there are restrictions as to which relative can claim the damages. In some states, it is limited to the spouse or minor children. In other states, the adult children and dependent grandchildren can claim.
Aside from that, there are states that allows family members to recover for grief while in others it is only limited to lost support and guidance.
With survival action, the damage goes to the estate and not directly to the family members. It will then be divided among the family members according to the will of the deceased. If there is no will, the division will be pursuant to the law. In addition, the family members cannot recover for their personal losses.
Depending on what state they are located, the surviving family members can file a wrongful death and survival action case. In some states, while both actions can be pursued, surviving family members cannot recover for both claims.