Wrongful Death vs. Survival Action: What You Need to Know

Wrongful Death Attorney in Bristol, TN

The death of a loved one is something no one wants to face but is sadly a reality that must be handled — especially if those left behind were dependent on the decedent’s financial income. When death is the result of another’s recklessness or wrongdoing, the situation becomes much more complicated and challenging. You may have heard of a wrongful death lawsuit, which can be claimed by close survivors of the victim, but survival actions can also be claimed depending on the scenario. Below is a breakdown of the two lawsuits that can help determine which is right for you.

Wrongful Death Claims

In wrongful death, close family members or the estate can file a lawsuit against the party responsible for the victim’s death. With this claim, money can be recovered to replace the loss of life. This can include anticipated income, funeral costs, medical bills, lost companionship, and any other form of dependency the survivors had on the decedent. In a nutshell, wrongful death damages include what the victim would have contributed to their family if he or she had lived.

Survival Action Claims

This acts similarly to a personal injury lawsuit, which is when the living victim claims damages of an injury he or she received by the negligence of another. If the victim is deceased, a survival action brings to light his or her pain and suffering from the time of injury to the time of death. This plays a financial recovery role because it accounts for any income the decedent lost due to his or her injury while still alive. If death occurred immediately, that financial loss cannot be accounted for, but pain and suffering damages still apply.

Seeking out a Wrongful Death Lawyer

With differences and complexities among state laws dealing with wrongful death, it is important to understand your case and what kind of damages you can obtain from it. Researching an experienced attorney is usually the best option, especially if you are already dealing with matters related to your loved one’s death. When looking for lawyers, consider their past cases and experience, talk with their former clients and look into their biographies to see who is the best fit for you.

No one wants to deal with the stress of a lawsuit on top of funeral arrangements and leftover bills, but future financial stability may be at stake after a loved one’s death. Let a wrongful death attorney in Bristol, TN deal with the grit of legislative jargon so you can focus on more important things.

Contact The Law Offices of Mark T. Hurt for their insight into personal injury claims and wrongful death.