Vs Survival

After a fatal car accident, families are sometimes surprised to learn that two separate types of legal claims may exist: a wrongful death claim and a survival action. These are not the same thing, and understanding the difference is essential to pursuing full compensation for what happened.

Whose Losses Each Claim Compensates

The core distinction comes down to whose losses are being compensated. A wrongful death claim compensates the surviving family members for the losses they personally suffered because of the death, things like lost financial support, loss of companionship, and loss of parental guidance. The claim exists because of the impact the death had on the people left behind.

A survival action is different. It belongs to the deceased's estate, not directly to the surviving family, and it compensates for the losses the deceased person themselves experienced between the time of the accident and the time of death, before they passed away. This can include the deceased's own pain and suffering during that interval, their medical expenses incurred while receiving treatment, and any lost income for time they were unable to work between the crash and their death. In effect, a survival action is the claim the deceased person would have been able to bring had they survived, and it passes to their estate instead.

Why Both Claims May Apply to the Same Accident

Because a wrongful death claim and a survival action compensate entirely different categories of loss, one belonging to survivors and one belonging to the estate for the decedent's own experience, both may be pursued from the same fatal accident without duplicating compensation. Whether a survival action is available, and how any recovery is distributed, depends on state law and the specifics of the estate.

What to Do Next

Ask whether both a wrongful death claim and a survival action may apply to your situation, since they can involve separate categories of recoverable loss.

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