There are plenty of unexpected events that could lead to the untimely passing of a loved one. While some cases are purely accidental, others could have been prevented if the party at fault had been more responsible. When a person dies due to someone else’s negligence, justice needs to be served. But every case is different, so each lawsuit may vary. Before filing a lawsuit, one needs first to understand the basics of a survival action lawsuit and wrongful death lawsuit.
What is a Survival Action Lawsuit?
Survivorship is brought to court to obtain a settlement from the defendant that covers the expenses of the incident, which includes hospital bills, pain, and suffering, and lost earnings. This is similar to what a personal injury claim would be after if the victim survived.
The executor of the state is the one who can claim survivorship. If won, the compensation will be distributed through the estate rather than directly to relatives.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil case that families can claim against people who are partly responsible for their death due to negligence. Unlike survivorship, close relatives can make this claim.
This lawsuit is similar to survival action in many ways. For one, it will demand compensation for medical bills and funeral arrangements. However, they do come with a few distinguishing characteristics.
Survival Action vs. Wrongful Death Suit
If your loved one survived the incident initially, was hooked onto life support for months, and finally passed after some time, then survival action is most suitable for this scenario. The payment needs to cover all the medical expenses that went into keeping them alive and the pain and suffering the victim went through the whole time. The earnings they could have made at this time are also included in the claim.
However, wrongful death suits are usually filed when the victim died almost instantly in the incident. If they were rushed to the hospital, there are still ER bills to pay. There may not be any prolonged agony, but it still counts for pain and suffering. And any income that the victim would have made were they still alive should be compensated to their close relatives, especially dependents like their children or spouse.
Who is Accountable?
The defendants at the other end of these cases are generally owners, managers, or leaders of organizations that have been careless with their premises or actions.
Conclusion
A loved one’s death is difficult both emotionally and financially. If they died too soon due to someone else’s negligence, they deserve justice so that it may never happen to anyone else again.
Knowing the difference between survivorship and wrongful death lawsuits can help one understand how the process works and what they can file against the person or organization responsible. But to truly understand where the case stands, you would need the service of professional legal counsel.
When you find yourself in the middle of a legal debacle, it is best to get an experienced accident lawyer to represent you. The team of Ronemus and Vinesky has helped hundreds of clients in New York with cases regarding personal injury, civil rights, medical malpractice, fire injury, and more. Call us today!