When dealing with the death of a loved one due to negligence, families may pursue legal avenues such as wrongful death or survival actions to protect their interests. These legal actions serve to hold the responsible party accountable and can provide financial support to cope with the loss.
The first step is to consult with a qualified attorney experienced in these types of cases. Legal counsel can guide families through the complex legal landscape, ensuring that their rights are protected and that they understand the potential outcomes of their cases.
Families can seek compensation for various damages, which may include medical expenses, funeral costs, loss of income, and emotional suffering. This is meant to provide financial relief and support, helping the family to manage immediate expenses and future financial stability.
Pursuing legal action may also lead to broader implications, such as policy or practices, that can prevent similar incidents in the future. This not only serves the interests of the affected family but also promotes broader public safety and accountability.
Regardless, maintaining open and regular communication with legal representatives helps keep your options open. It allows you to relay your wishes and interests to a party that is equipped to prioritize them.
Struggling with the loss of a loved one? You deserve a compassionate team of lawyers with years of experience pursuing and winning civil suits.
With over four decades of experience supporting victims of horrific circumstances, Thorsnes Bartolotta McGuire is here to help you get justice.
We give every client the same level of service, effort, and respect.
We love what we do, and we take our job seriously. We will work to ensure your compensation covers medical bills, future care needs, lost wages, and more. Reach out online or by phone at 619-236-9363 and get the justice you deserve.
What Is a Survival Action?
A survival action is a legal claim brought by the estate of a deceased person, typically in situations where the deceased could have pursued a personal injury lawsuit had they survived.
This type of action allows the estate to recover damages that the deceased could have claimed, ensuring that their rights are not extinguished by death. Aspects of a survival action include:
- Pre-Death Pain and Suffering: Compensation for the pain and suffering endured by the deceased from the time of injury until death.
- Medical Expenses: Recovery of medical costs for the treatment of the injury that led to the person's death.
- Lost Wages: Compensation for lost wages and benefits from the time of injury until death.
- Property Damage: Recovery for any property damage resulting from the incident.
- Punitive Damages: In cases of egregious conduct, punitive (exceptional) damages may be awarded to punish the wrongdoer and deter similar actions in the future.
- Legal Costs: Recovery of the legal expenses incurred in pursuing the survival action.
The compensation recovered through a survival action becomes part of the deceased's estate and is distributed according to the deceased's will or state intestacy laws if there is no will.
What Is Considered Wrongful Death?
Wrongful death is a legal term used when a person dies due to the negligence or misconduct of another individual, company, or entity.
This type of death can give rise to a lawsuit filed by the deceased person's estate or family members. Aspects considered in wrongful death include:
- Negligence: The death resulted from careless or reckless behavior that failed to meet a standard of care, such as in car accidents or medical malpractice.
- Intentional Acts: The death was caused by intentional actions, such as assault, battery, or murder.
- Product Liability: The death occurred due to a defective product, which could involve faulty manufacturing, design defects, or inadequate warnings.
- Medical Malpractice: The death was caused by a healthcare provider's failure to provide appropriate treatment, misdiagnosis, or surgical errors.
- Workplace Accidents: The death occurred due to unsafe working conditions, lack of safety equipment, or other employer negligence.
- Supervised Activities: The death occurred while under the supervision of an institution or individual, such as in nursing homes, schools, or daycare facilities.
In a wrongful death claim, the plaintiff must prove that the defendant's actions directly caused the death and that surviving family members have suffered financial or emotional harm as a result. Compensation can cover funeral expenses, loss of income, and other damages.
The time between a claim and its results can depend on whether the claim is settled out of court. In the case of wrongful death, most choose the latter.
The Main Difference Between Wrongful Death and Survival Action
In legal claims, wrongful death and survival actions serve distinct but complementary purposes when addressing the death of an individual due to another's actions.
Wrongful Death:
- This claim is filed by the surviving family members or dependents of the deceased. It seeks compensation for the personal and financial losses they suffer as a result of the death.
- The damages sought in wrongful death claims often include loss of financial support, loss of companionship, emotional distress, and sometimes punitive damages if the actions were particularly egregious.
- The beneficiaries in wrongful death cases are typically immediate family members, such as spouses, children, or parents, who relied on the deceased for support and care.
Survival Action:
- Unlike wrongful death, a survival action is filed by the deceased's estate, focusing on the claims the deceased person could have pursued if they had lived.
- This action addresses the injuries suffered by the deceased, covering aspects such as pain and suffering, medical expenses incurred before death, and lost wages during the period from injury to death.
- The compensation recovered through a survival action becomes part of the deceased's estate. It is then distributed according to the deceased's will or, if there is no will, according to state intestacy laws.
The difference lies in whom the damages compensate: wrongful death claims are for the surviving family's losses, while survival actions focus on the losses and suffering experienced by the deceased before passing.
Both actions ensure that justice is served, covering both the deceased's rights and the family's loss.
The likelihood of successfully receiving compensation through wrongful death or survival action claims can vary based on several factors, including the strength of the evidence, the specific circumstances of the case, and the jurisdiction in which the claim is filed.
Statistically, wrongful death cases tend to result in higher settlements or verdicts compared to survival actions, primarily because they account for the long-term impact on the family members of the deceased.
The median compensation in wrongful death lawsuits can be substantial, reflecting the severe emotional and financial losses suffered by the family. In particular, cases involving medical malpractice or product liability typically see higher payouts due to the nature of the negligence involved and the potential for punitive damages.
Survival actions result in smaller awards because survival actions focus on the period between injury and death, covering specific damages such as medical expenses, pain and suffering, and lost wages.
The likelihood of a successful claim also depends on the legal expertise and resources available to the plaintiffs. Experienced attorneys can effectively navigate the complexities of the law, negotiate settlements, and present a strong case in court if necessary.
While the outcomes can vary widely, both types of claims may provide financial relief and a sense of justice for the affected families. It’s important to contact a legal representative as soon as possible to better your chances of receiving a fair claim.
Thorsnes Bartolotta McGuire Wrongful Death Lawyers
How do you prove wrongful death? With a good lawyer.
Our team at Thorsnes Bartolotta McGuire has built our practice by providing quality, straightforward legal guidance to our clients. In fact, our firm was one of the first contingency fee firms in San Diego to win over $2 billion in verdicts and settlements.
Several of our cases have established important legal precedents; pioneered technology, such as digital media, at trial; or were defined by extraordinary public interest.
We fight smart and hard both in and out of the courtroom, which has earned our firm numerous commendations for the successes that we have brought to our clients.
If your loved one’s life has been fatally claimed by negligence, intent, or liability, reach out online or by phone at 619-236-9363.