Survival Action vs. Wrongful Death
The core difference between a Wrongful Death action and a Survival action is that while a wrongful death action allows the Estate of the deceased to pursue damages for the death of the victim for the beneficiaries, the survival action allows the Estate to be awarded damages the decedent could have recovered from the time of the injury until their death had they not died.
In the Wrongful Death action, the Estate is used to pursue a claim for the loss of support for all family members that the deceased supported financially. These damages are calculated as future losses as a direct result of the loss of financial support lost due to the death. Spouses may also seek Loss of Consortium damages and children may seek Loss of Guidance and Nurture damages.
A Survival action can seek damages incurred by the deceased through their Estate from the date of the injury through their death, including pain and suffering and lost earnings.
If you or a loved one have suffered a personal injury, call Personal Injury Attorney Chelsie M. Lamie at 727-501-3464 for a free consultation. You can also learn more about Attorney Lamie by visiting www.chelsielamie.com.