Wrongful Death vs Survival Action
Losing a loved one due to someone else’s negligence or wrongful actions is a devastating experience. During such a difficult time, understanding your legal options can be crucial for seeking justice and financial relief.
Two common legal claims that arise in these situations are wrongful death and survival actions. While both a survival action and a wrongful death suit aim to provide compensation, they address different types of losses and beneficiaries.
This article explains the differences between wrongful death vs. survival action, who can file these claims, and how they work under Tennessee law.
What is Wrongful Death?
A wrongful death action is a civil action brought by surviving family members to recover financial compensation for their own losses resulting from a loved one’s death caused by another party’s negligence or intentional harm. It is intended to provide financial relief for the emotional and economic hardships the family suffers due to the deceased person’s passing.
Similar to personal injury lawsuits, wrongful death claims typically arise in cases involving car accidents, medical malpractice, or other situations where someone’s negligence or wrongful act leads to a fatal injury. The focus is on compensating the family for the impact of their loved one’s death.
Who Can File a Wrongful Death Claim?
The right to file a lawsuit under Tennessee wrongful death laws generally belongs to the following individuals:
- Surviving Spouse: The first in line to file the claim.
- Children: If there is no spouse, the deceased person’s children can bring the claim.
- Parents: If the deceased had no spouse or children, the parents of the deceased may file the claim.
- Other Dependents: In some wrongful death cases, other dependent family members may be eligible.
Only a personal representative of the deceased person’s estate may file on behalf of the estate in certain situations. Determining eligibility to file a wrongful death claim is essential, and an experienced attorney can provide clarity.
Types of Damages in Wrongful Death Claims
A wrongful death lawsuit allows surviving family members to recover various types of economic and non-economic damages, including:
- Loss of Financial Support: Compensation for the income the deceased would have provided to their family.
- Loss of Companionship: Damages for the emotional impact and loss of the relationship.
- Funeral and Burial Expenses: Reimbursement for costs related to the loved one’s final arrangements.
- Emotional Distress: Compensation for the mental anguish suffered by the family.
These wrongful death damages aim to alleviate the financial and emotional hardships caused by a loved one’s untimely passing.
What is a Survival Action?
A survival action is a legal claim that continues the deceased person’s own cause of action for injuries or losses they suffered before their death. Unlike a wrongful death suit, which focuses on the surviving family’s losses, a survival action claim seeks compensation for the harm the deceased endured due to the negligent or wrongful act.
For example, if a person was injured in a car accident and later passed away from their injuries, a survival action can recover damages for the pain and suffering, medical expenses, and other losses the person experienced prior to their death.
Who Brings a Survival Action?
Survival action lawsuits are brought by the deceased person’s estate, typically through a personal representative appointed by the court. The proceeds from a survival action are distributed according to the deceased’s will or, if no will exists, according to Tennessee’s intestacy laws.
This ensures that the compensation benefits the deceased’s estate and, ultimately, their heirs or beneficiaries.
Types of Damages in Survival Actions
A survival action claim allows for the recovery of damages that the deceased would have been entitled to pursue if they had survived. These may include:
- Medical Bills: Costs incurred for treatment of injuries before death.
- Lost Wages: Compensation for income the deceased lost between the injury and their passing, including future earnings.
- Pain and Suffering: Damages for the physical and emotional suffering the deceased experienced before the victim’s death.
- Burial and Funeral Expenses: In some jurisdictions, these costs may also be included in a survival action.
These damages focus on addressing the harm caused to the deceased prior to their death, ensuring accountability for the responsible party’s actions.
Key Differences Between Wrongful Death and Survival Actions
While both wrongful death and survival action suits provide compensation following the loss of a loved one, they serve distinct purposes and focus on different types of losses.
A wrongful death suit benefits the surviving family members, such as a spouse, children, or parents, by addressing the financial and emotional impact of the loved one’s death.
In contrast, a survival action benefits the decedent’s estate by pursuing compensation for the harm the deceased endured before their passing. These funds are distributed to heirs according to the deceased victim’s will or state law.
The types of damages awarded in each claim also differ significantly.
Wrongful death lawsuits focus on the family’s losses, such as loss of financial support, loss of companionship, emotional distress, and funeral and burial expenses. On the other hand, survival actions address the deceased’s losses, including medical expenses incurred before death, lost wages, and the emotional pain and suffering experienced before their passing.
A wrongful death claim is family-centered, aiming to compensate loved ones for the void left by their loss. In contrast, a survival action continues the legal claims the deceased could have pursued, ensuring accountability for their suffering and financial losses.
Can Surviving Family Members File Both Actions?
In many cases, both wrongful death and survival action can be filed together for the same incident. For example, after a fatal accident, the family may file a wrongful death claim, while the estate pursues a survival action.
Filing both claims ensures comprehensive compensation for all losses but requires careful coordination to avoid duplicating damages. An experienced attorney can help manage these claims effectively, ensuring accountability for the negligent party and justice for the deceased and their family.
The Role of a Wrongful Death Attorney
Navigating the legal complexities of a wrongful death claim or a survival action can be overwhelming for grieving families. An experienced wrongful death attorney plays a vital role in ensuring justice and fair compensation for the losses suffered.
Evaluating the Case and Options for Legal Recourse
One of the attorney’s key responsibilities is evaluating the case and legal options. They assess the circumstances surrounding the death, determine whether a wrongful death claim, a survival action, or both are appropriate, and advise on the best legal strategy. This initial guidance helps families understand their rights and the potential outcomes of their claims.
Investigating the Circumstances of the Death
Attorneys also take charge of investigating the circumstances of the death. This includes gathering evidence, reviewing medical records, consulting expert witnesses, and establishing liability. Whether the incident involves a car accident, medical malpractice, or another form of negligent act, a thorough investigation is essential to building a strong case.
Negotiating with Insurance Companies or Litigating the Case
Once the investigation is complete, the attorney will handle negotiating with insurance companies or, if necessary, litigating the case in court. Insurance companies often aim to minimize payouts, but a skilled lawyer knows how to counter these tactics and advocate for fair compensation.
If a settlement cannot be reached, the attorney is prepared to represent the family in court, presenting evidence and fighting for justice.
By managing the legal process, a wrongful death lawyer provides much-needed support to families during a challenging time, ensuring their legal rights are protected and that they receive the compensation they deserve.
Contact an Attorney Now!
If you’ve lost a loved one due to someone else’s negligence or wrongful actions, you don’t have to face the legal process alone. An experienced wrongful death attorney can help you understand your rights, determine whether to file a wrongful death claim, a survival action, or both, and guide you toward justice and fair compensation.
At Grissim & Waterman, we are committed to providing compassionate and skilled legal representation for families filing wrongful death and survival legal actions in Nashville and throughout Tennessee.
From investigating the circumstances of your loved one’s death to negotiating with insurance companies and pursuing litigation if necessary, our Nashville personal injury attorneys are here to support you every step of the way.
Call our law firm at (615) 255-9999 or fill out our contact form to book a free case evaluation and make sure your case is filed within Tennessee’s wrongful death statute of limitations.
