SW Cali Laws

Home » Wrongful Deaths » The difference between survival action and wrongful death?

The difference between survival action and wrongful death?

Issues Pending:

Archives

Advertisements

The days where a personal injury claim dies with the victim are long gone. Various states have passed laws that recognize both survival action and wrongful death claims. These two, although tied together in preserving the rights of the deceased, cover different forms of damages.

The major differences between these two are the key elements probed for the validation of the claim, damages covered if each claim has been proven, and the aspect of distribution of the said damages.

Key elements

In a wrongful death claim, breach of duty and causation are the burden of proof established throughout the case. The basis of damages to be covered by the claim is the act or lack of action of the entity at fault.

In survival action, the inquisition goes beyond the negligence of duty. Survival action takes into consideration the difficulty experienced by the victim between the accident and death.

Damages covered
Designed as reparation to the family or dependents of the victim, a wrongful death claim covers lost wages, medical expenses, and other financial issues that the death has brought to surviving relatives or dependents.

Meanwhile, survival action doesn’t merely focus on the aftermath of the death. It covers the probable damages that the victim would have been able to fight for if he or she had survived. Laws.com describes this as “the continuation of tort actions that the victim would have been entitled to raise in life.” In Washington, survival action also considers the expenses incurred by the victim while the person was struggling for life at the hospital, regardless of the duration of the stay.

Distribution of claims
In wrongful death cases, relatives (immediate or distant), and rightful dependents may receive the settlement in behalf of the victim.

However, in survival action claims, the victim’s estate will be the primary premise for distribution of damages. Only the heir or lawful dependent of the victim will be entitled to the damages recovered, as stipulated by the will of the victim.

Can representatives file for both? This depends on the statute governed by State law. Some states allow the filing of both claims and receiving the compensation for both. However, states like Virginia only allow the representative to recover either of the two.

Sheeley Law, LLC provides representation for the families or dependents of victims of wrongful death. To read more related topics on this legal matter, visit this blog.

Comments are closed. @annsheeley

Ann S Sheeley's Blog

The days where a personal injury claim dies with the victim are long gone. Various states have passed laws that recognize both survival action and wrongful death claims. These two, although tied together in preserving the rights of the deceased, cover different forms of damages.

The major differences between these two are the key elements probed for the validation of the claim, damages covered if each claim has been proven, and the aspect of distribution of the said damages.

Image Source: CosmosMagazine.com

Key elements

In a wrongful death claim, breach of duty and causation are the burden of proof established throughout the case. The basis of damages to be covered by the claim is the act or lack of action of the entity at fault.

In survival action, the inquisition goes beyond the negligence of duty. Survival action takes into consideration the difficulty experienced by the victim between the accident…

View original post 258 more words

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Recent Posts: SW Cali Laws

Payless ShoeSource expected to close all of its U.S. locations as part of largest retail liquidation – MarketWatch

Originally posted on Google News:
Payless ShoeSource expected to close all of its U.S. locations as part of largest retail liquidation??MarketWatch Payless ShoeSource will close all of its approximately 2,100 stores in the U.S. and Puerto Rico as part of the largest retail liquidation ever, the Wall Street … View full coverage on Google News

Top Ten Plagerized Songs in Violation of Copyright Infringement Laws if Permission was not Legally Obtained

Top Ten Plagerized Songs in Violation of Copyright Infringement Laws if Permission was not Legally Obtained

Top Ten Plagerized Songs in Violation of Copyright Infringement Laws if Permission is / was not Legally Obtained Good composers borrow; great composers steal. Some composers get caught. Welcome to WatchMojo.com, and today we’re counting down our picks for the top 10 rip-off songs. Special thanks to our users Juan David Orduz, Al Bebak and […]

Jury Verdict: Lowell MA must pay $1.5 M, plus interest, to owners of condos built on top of former garbage dump via Independent American Communities

By Deborah Goonan, Independent American Communities Today’s post is an update to a story IAC has been following since 2016. In 2009, during installation of a drainage system, the Grand Manor Condominium Association discovered contaminated soil surrounding their housing complex. That prompted three years of investigation. The City of Lowell delayed responding at first, then […] […]

How to write a History Dissertation

How to write a History Dissertation

History is the most exciting topic to study. People who are interested in it pursue their career in it. History is all about knowing the past form of anything and with anything we mean culture, the country, or any other thing. History is itself a career, and people take their masters or PhD degrees in […]

More on Wordpress

Enter your email address to follow this blog and receive notifications of new posts by email.

Blog:: Forensic Files

Forensic Structural Engineeringg via Australian Business Network

Structural engineering is a specialty within the field of civil engineering which focuses on the framework of structures and on designing those structures to withstand the stresses and pressures of their environment and remain safe, stable and secure throughout their use. To explain a little differently, it can be said that structural and consulting engineers […] […]

Variables to consider when Determining Post Mortem Blood Alcohol Levels via True Crime Rocket Science / #tcrs

Variables to consider when Determining Post Mortem Blood Alcohol Levels via True Crime Rocket Science / #tcrs

Immediately following the release of the autopsy reports on November 19th, I contacted Thomas Mollett, a forensic investigator, fellow true crime author and friend, and asked him his opinion on Shan’anns Blood Alcohol Levels. They were found to be three times the legal limit for driving. How likely was it, I asked, that these apparently high levels […]

Global Standardization of Forensics will Decrease the Bias Factor of Evidence Collection Procedures and Court Rulings

Global Standardization  of Forensics will Decrease the  Bias Factor of Evidence Collection Procedures and Court Rulings

Interviews – 2018 Angus Marshall, Digital Forensic Scientist via Angus Marshall Angus, tell us a bit about yourself. What is your role, and how long have you been working in digital forensics? Where to begin? I have a lot of different roles these days, but by day I’m a Lecturer in Cybersecurity – currently at […]