What Is the Difference Between Wrongful Death and Survival Claims?

One of the main differences between wrongful death claims and survival claims is that the former are brought by surviving family members, while the latter are brought by the deceased person’s estate. Although these claims can arise from the same incident, they serve different purposes and seek compensation for different losses.

Shulman & Hill Injury Lawyers represents families dealing with the consequences of fatal accidents. Understanding the difference between wrongful death and survival claims can help you determine what legal remedies may be available.

A wrongful death lawyer in New York can evaluate the circumstances of your loved one’s death and explain your options under New York law.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action brought when a person dies because of another party’s wrongful act or negligence. These claims are intended to compensate certain surviving family members for losses they experienced because of their loved one’s death. Wrongful death cases can arise from many situations, including:

• Motor vehicle accidents
• Construction accidents
• Workplace incidents
• Medical negligence
• Premises liability accidents
• Defective products
• Other acts of negligence or wrongful conduct

A wrongful death claim focuses on the losses suffered by surviving family members rather than the losses the deceased person experienced before death.

Depending on the circumstances, damages may include financial losses associated with the person’s death, the value of services they would have provided to their family, and other damages permitted under New York law.

What Is a Survival Claim?

A survival claim is different because it essentially allows certain claims the deceased person could have pursued had they survived to continue through their estate.

Instead of creating a new claim based on the family’s losses, a survival action preserves the deceased person’s own legal claim. The estate may pursue damages for losses the person experienced between the time of the injury and their death.

The distinction is important because a survival claim generally concerns the deceased person’s losses, while a wrongful death claim concerns losses resulting from the person’s death.

How Wrongful Death Claims Differ From Survival Claims

Wrongful death claims and survival claims involve different legal interests and may seek different types of damages.

Some of the primary differences include:

• Wrongful death claims: These address losses suffered by eligible surviving family members because of the death.
• Survival claims: These preserve claims the deceased person could have pursued if they had survived.
• Who brings the claim: Wrongful death claims are generally brought by the personal representative of the estate on behalf of eligible beneficiaries, while survival claims are pursued by the estate.
• Damages: The damages available can differ because each claim addresses different losses.
• Timing: A survival claim may involve the period between the injury and death, while a wrongful death claim addresses the consequences of the person’s death.

The specific rules governing these claims can be complicated. The circumstances of the accident, the person’s relationships with surviving family members, and the losses involved may all affect what can be pursued. The team at Shulman & Hill can help you understand your full rights with regard to both types of claims.

Can a Family Pursue Both Types of Claims?

In some situations, a single fatal accident may give rise to both a wrongful death claim and a survival claim. For example, after suffering catastrophic injuries in a car accident, an accident victim may remain alive for several weeks before dying from those injuries. During that time, they may require extensive medical care and experience significant physical pain.

The estate may have a survival claim based on losses the deceased person sustained before death. At the same time, surviving family members may have a wrongful death claim based on losses caused by the person’s death. These claims can therefore address different consequences of the same event.

Determining whether both claims are available requires an examination of the facts and applicable New York law. The legal team at Shulman & Hill can review the circumstances of your case and determine which claims may apply.

Damages That You May Be Able To Recover

The compensatory damages available in a wrongful death or survival action will be based around the particular circumstances of the case. The two claims do not necessarily provide compensation for the same losses. A wrongful death claim may involve losses such as:

• Financial support the deceased would have provided
• Loss of services
• Funeral and burial expenses
• Medical expenses associated with the fatal injury, where applicable
• Other losses recognized under New York law

When it comes to survival claims, you may be able to receive compensation related to the losses and injuries the deceased person incurred before they died, which may include:

• Medical expenses
• Lost wages before death
• Pain and suffering experienced before death
• Other damages the deceased person could have pursued had they survived

The availability and calculation of particular damages are based on the circumstances and the legal basis for the claim.

Who Can Bring a Wrongful Death or Survival Claim?

Wrongful death and survival claims generally involve the decedent’s estate and its personal representative. However, the beneficiaries who may benefit from a wrongful death recovery can depend on their relationship to the deceased and the circumstances of the case.

The fact that the filing party can differ often makes pursuing a fatal accident claim more complicated than pursuing a personal injury case that does not involve a death. Following a fatal accident, families often need to address estate issues while also facing significant financial burdens and the emotional consequences of losing a loved one.

An attorney at Shulman & Hill can explain how the estate and wrongful death claims interact and help identify the parties who may have legal rights.

Get Help From an Experienced Wrongful Death Attorney Today

These claim types address different losses resulting from the incident that caused the death, and knowing the distinction can help you understand your available legal options. Allow our team to walk you through the difference between wrongful death and survival claims, as well as the process of seeking damages through these avenues.

At Shulman & Hill, we can review the circumstances surrounding your loved one’s death, explain the claims that may apply, and help your family pursue compensation under New York law. Contact us today for a free consultation.