Medical expenses for injuries resulting in death
Lost wages and benefits
The pain and suffering felt by the deceased before death
Funeral expenses
The Difference Between Survivorship Lawsuits and Wrongful Death Claims
Both survival lawsuits and wrongful death claims arise when someone dies due to the fault or wrongful actions of another person . However, they differ in key ways. It is important for families to understand these differences when seeking justice and compensation after a loss.
Survival Action Wrongful Death Claims
Focus on the deceased’s experiences and losses Concern for the losses faced by the bereaved families
Submitted by the personal representative of the deceased's estate Submitted by a qualified family member or estate representative
Damages include medical expenses, lost wages, pain and suffering of the deceased Damages include the full value of the deceased’s life , including loss of income, benefits, and companionship
The statute of limitations is usually 2 years from the date of injury. The statute of limitations is usually 2 years from the date of death