When a loved one passes away due to another party’s negligence or wrongdoing, their family may face not only emotional pain but also legal questions about seeking justice. In such cases, two types of legal claims often arise: wrongful death claims and survival actions.
Understanding the difference between these legal avenues is crucial for grieving families in Bakersfield to navigate their options effectively. An experienced accident lawyer in Bakersfield can provide invaluable guidance in helping families get fair compensation for all the hardships they had to go through.
What is a Wrongful Death Claim?
Surviving family members might file a wrongful death claim to recover the losses they suffered when their loved one passed away. These claims are intended to address how the death affected the surviving family members or dependents of the deceased. Common losses covered in a wrongful death claim include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship, care, and guidance
Typically, a parent, spouse, child, or other close relative may bring a wrongful death claim. The primary purpose of this type of claim is to compensate the survivors for the personal and economic losses they have suffered due to their loved one’s death.
What is a Survival Action?
The damages the deceased person could have sought if they had survived the accident, on the other hand, are the main focus of a survival action. The deceased person’s right to pursue justice for the harm or injuries they suffered before this kind of lawsuit upholds their death. Survival actions often cover:
- Medical expenses incurred before death
- Pain and suffering experienced before death
- Property damage or other economic losses
Unlike wrongful death claims, survival actions do not compensate family members for their losses. Instead, these claims are part of the deceased person’s estate, and any damages awarded are distributed to the beneficiaries according to the estate plan or state laws.
Key Differences Between the Two Claims
Although the same terrible occurrence gives rise to both wrongful death claims and survival lawsuits, their goals and beneficiaries are very different. The primary differences are as follows:
Goal: While survival proceedings concentrate on the rights and losses of the deceased before their passing, wrongful death claims address the effect of the death on surviving family members.
Damages: Wrongful death claims compensate for losses like companionship and financial support, whereas survival actions recover damages like medical expenses and pain endured by the deceased.
Beneficiaries: Wrongful death claims benefit the deceased’s family members, while survival action damages are distributed through the estate.
Legal Standing: Depending on the jurisdiction and case specifics, different parties may have the legal right to bring these claims.
Bottom Line
Wrongful death cases and survival actions are two separate legal paths that deal with various facets of a loved one’s death. A skilled attorney can assist you in understanding your choices and figuring out how to seek compensation for your loss.
A knowledgeable lawyer can make all the difference in giving your family closure and fair compensation.
Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”.
Published by Mark V.
