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How does a survival action work with a wrongful death claim?

On Behalf of | May 25, 2022 | Personal Injury |

When a loved one is taken from you prematurely through some negligent, reckless or intentional act of another, it’s devastating to your entire family. It can be hard to move on emotionally and financially.

Often, a wrongful death claim can help hold people or companies responsible for their mistakes – but you shouldn’t overlook the potential for a survival action, either.

What’s a survival action?

Essentially, the difference between a wrongful death claim and a survival action comes down to this: Wrongful death claims are focused on the losses faced by the deceased after their loved one’s death, and survival claims are about the deceased’s losses.

A wrongful death claim can compensate the family for a provider’s lost income and benefits (such as insurance coverage) and/or pay for the value of their lost care and companionship in your life.

By comparison, a survival action is more like a personal injury claim. It’s designed to compensate the victim (posthumously) for their medical expenses before they died, their fear and any pain and suffering they experienced from the moment of their injury to the time they died. It can also pay for funeral and burial costs.

Not every state allows survival actions, but Georgia law does make them possible, and they should be considered with any wrongful death claim. Filing both can help increase the maximum possible proceeds that make it back into the family’s hands if the claims are successful.

Knowledge is power, and you deserve to be fully compensated for your losses. A survival action and a wrongful death claim can help you obtain a measure of justice for your family.