What is the difference between a wrongful death lawsuit and a survival action?

Wrongful Death Lawyer

Though a wrongful death lawsuit and a survival action have several aspects in common, they are two different legal actions. If a loved one of yours was killed in an event that was otherwise avoidable but the negligence of an individual or company played a part in causing it, you may have legal grounds for filing a wrongful death lawsuit against the at-fault party. Talk to a wrongful death lawyer, like a wrongful death lawyer in Houston, TX, to learn what legal options are available to you as the survivor of the deceased. Though a successful wrongful death lawsuit will not make up for the loss of your loved one, it may result in a settlement that will enable your family to pay outstanding and paid bills related to their death. If you were financially dependent on your loved one, a settlement might also include the money you would have received until your loved one reached retirement age.

What is a wrongful death lawsuit?
A wrongful death lawsuit is filed on behalf of the decedent’s estate. If it is successful, the liable party must pay the estate compensation which will be awarded to the deceased’s beneficiaries. It is the estate that pursues the lawsuit.

What is a survival action?
Survival laws make it possible for a court to award the estate compensation equal to what the decedent would have earned from the time they were injured until they passed from the injury. Survival laws also enable the plaintiff to seek compensation for the decedent’s pain and suffering related to their fatal injury.

Who is eligible to file a wrongful death lawsuit?
The plaintiffs are usually the decedent’s closest family member or members. Typically it is the surviving spouse or children. They must be the personal representative of the estate, otherwise known as the executor. If there is any dispute about who will be the representative, the probate court judge will rule on the matter and designate an individual.

Who is eligible to file the survival action?
The estate of the decedent is eligible to file the survival action. This is because a survival action is considered to be similar to a personal injury claim that may be filed by someone living. The amount of compensation the estate receives for survival damages will be less the amount awarded to the estate in a wrongful death lawsuit. 

Call Today for a Consultation with a Wrongful Death Lawyer
Civil court actions such as wrongful death lawsuits as well as estate law can be confusing. In the emotional aftermath of losing a loved one, the legalities may make even less sense. To learn what legal options are available to you and your family, contact a wrongful death lawyer to schedule a consultation with a seasoned wrongful death lawyer who can address your questions and concerns.

 

Thanks to John K. Zaid & Associates for their insight into the difference between a wrongful death lawsuit and a survival action. 

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