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What’s the Difference Between Wrongful Death and Survival Action?
What’s the Difference Between Wrongful Death and Survival Action?
Losing a loved one is one of the hardest things anyone can endure, especially when the loss happens due to another party’s negligence. During such a painful time, understanding your legal options may seem overwhelming. However, for the families affected, distinguishing between a wrongful death action and a survival action can be critical in seeking justice and securing financial recovery. At Hampton Injury Law, we are here to guide you through these terms and help you take the best steps forward.
Wrongful Death Actions
A wrongful death action seeks justice and compensation for the loved ones of someone who passed away due to the carelessness or intentional actions of another person or entity. These claims are primarily focused on the loss experienced by the deceased individual’s surviving family.
Who Can File?
Under Virginia law, a wrongful death lawsuit can only be brought by the deceased’s personal representative, typically the executor of the will or an administrator of their estate. Close family members, such as spouses, children or parents, are often given preference to serve as the personal representative for this purpose.
Recoverable Damages
Compensation in wrongful death cases focuses on the impact of the loss on the surviving loved ones. Damages may include:
- Emotional suffering, including sorrow and mental anguish
- Loss of companionship, guidance and comfort
- Medical expenses incurred before death
- Lost income and benefits the deceased would have provided
- Funeral and burial costs
This type of claim emphasizes how your loved one’s passing affects your family emotionally and financially.
Survival Actions
Survival actions differ from wrongful death claims. Rather than focusing on the loss experienced by the family, survival actions address the harm and damages the deceased suffered before their death. Essentially, it allows the continuation of any valid personal injury claims the deceased may have had if they had survived.
Who Can File?
Similar to wrongful death actions, survival claims must be filed by the deceased’s personal representative. This ensures the legal interests of the deceased are properly represented even after their passing.
Recoverable Damages
When pursuing a survival action, compensation may include:
- Medical expenses incurred because of the injury
- Pain and suffering the deceased endured before their death
- Loss of earnings during the period between the injury and death
It’s important to note that punitive damages, which are meant to punish egregious behavior, cannot be awarded if the responsible party has also passed away.
While survival actions and wrongful death claims may sometimes stem from the same incident, Virginia law does not allow recovery under both claims for the same occurrence. This ensures the family can concentrate on pursuing the claim that best represents their needs.
Why Understanding These Terms Matters
For families grieving the sudden and preventable loss of a loved one, filing the appropriate legal action is a step toward justice, closure and financial recovery. With so much at stake, it’s vital to have an experienced attorney by your side to help you understand your rights and guide you through the process.
Hampton Injury Law is committed to providing personalized and compassionate assistance to families dealing with the aftermath of a tragic loss. Our mission is to ensure you have the clarity needed to secure the compensation you deserve. Contact us to get started.
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*2022 settlement: Virginia Lawyers Weekly January 30, 2023 edition
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