Personal. Caring.
Aggressive.

Wrongful death vs. survival actions

When a loved one dies because of someone else’s careless or wrongful act, the grief can feel even heavier. In these moments, questions often arise about what options may exist under the law. 

Two options anyone in this situation should know about are wrongful death claims and survival actions. While they both serve important purposes, they have different end goals. Understanding the difference can help you see what each means for your family and how they might work together in seeking accountability.

Looking closer at the two claims

Wrongful death actions focus on the losses you and other family members experience because of the death. These cases concern the impact of loss on loved ones left behind. They can cover things such as: 

  • Funeral and burial costs
  • Lost financial support from the person who passed
  • Emotional suffering tied to the loss of companionship

On the other hand, survival action centers on what the person who died went through before passing away. This claim carries forward the rights they would have had if they survived. It may include: 

  • Medical bills from the injury or illness before death
  • Pain and suffering your loved one endured
  • Lost wages they missed between the injury and passing

Together, these claims paint a fuller picture of the harm done to your loved one and the impact on those left behind. 

The legal process is not always easy to follow, especially when emotions are still raw. That is why many families choose to seek legal help. Having someone explain the differences in clear terms, help with the paperwork and support you through the steps can make the path forward less confusing. While nothing can erase the loss, understanding these options may provide a way to honor your loved one and find a measure of closure.

Archives

FindLaw Network

How Can We Help?