What You Need to Know

Many people are under the belief that only the person injured can file a lawsuit. This is obviously not possible when the injured person has died from the wrongful acts of others. In some states, there are two claims that can be brought against a liable party when their actions lead to injury and death. These are referred to as a survival claim and a wrongful death claim.

• Survival Claims

  Survival claims are brought forth by an appointed representative to file on behalf of the departed victim. This representative is appointed by the court and is then given the power to bring this limited claim.

  The goal of the claim is to win fair compensation and justice for the pain, suffering and mental anguish the victim endured from the time of the accident to the time of death. Unfortunately, this is a difficult claim to prove to a jury because there is no way to measure and calculate the loss truly. There is also a monetary limit on the amount a jury can award.

• Wrongful Death Claims

  Wrongful death claims are brought forth by any of the heirs-at-law of the victim. Heirs-at-law includes surviving spouses and children of the victim. If there is no surviving spouse or child, then other direct relatives may be able to bring the action, such as parents or siblings of the deceased.

  A wrongful death claim includes monetary recovery for:

  • Loss of financial support that the victim would have provided to his/her family during their lifetime
  • Value of the things the deceased would have done around the house to help during their lifetime
  • Loss of love, companionship, comfort, affection, society, solace, moral support and consortium
  • Sorrow, bereavement, anguish, worry, loss of enjoyment of life, depression and other emotional losses