Family members deserve compensation when they lose a loved one because of someone else’s negligence, and the person who died deserves justice for their untimely death and the suffering they endured. Wrongful death claims and survival actions provide opportunities to secure this compensation and justice. Piedmont Injury Law helps families and loved ones devastated by the preventable death of someone they loved. A Kennesaw wrongful death lawyer from Piedmont Injury Law can lead this fight for justice and work to restore some peace and financial security to those left behind.
An overview of wrongful death claims vs. survival actions
A wrongful death is one that results from negligence or an intentional act of violence. If eligible, surviving loved ones of wrongful death victims can file a wrongful death claim seeking compensation for the value of the deceased’s life. Deaths prompting a wrongful death claim might be those resulting from motor vehicle accidents, incidents of medical malpractice, defective products, accidents occurring on someone else’s property, work accidents, or acts of violence, for example.
The same situations prompting a wrongful death claim could prompt a survival action. The difference is that the act of negligence did not immediately cause the victim’s death but ultimately led to it. A survival action can get victims the damages they would have secured if they had survived their injuries.
Wrongful death claim vs. survival action: What’s the difference? What’s the same?
Wrongful death claims and survival actions share the goal of acquiring compensation. There are differences in what types of compensation each demands and when loved ones must file the claims.
Compensation for wrongful death vs. survival action
Georgia Code 51-4-2 is the State’s wrongful death statute, and it allows certain surviving family members to collect compensation for the full value of the life of the lost loved one. This compensation can include economic and non-economic damages.
Economic damages account for lost earning potential and loss of contribution to the household. Non-economic damages acknowledge the pain and suffering of those left behind, attributing a dollar value to what the deceased meant to their families and community.
Compensation in a survival action covers the decedent’s pain and suffering and the medical costs incurred by the accident and before their death. It also covers death expenses, such as funeral and burial costs.
When to file a wrongful death or survival action
Family members can file and pursue a wrongful death claim after their loved one’s death. A survival action must be filed while the victim is still alive. If the victim dies after the survival action is filed, the claim can still proceed with compensation going to the victim’s estate.
The same two-year statute of limitations applies to wrongful death, survival action, and many other personal injury claims. It is best to connect with an attorney soon after the accident causing your loved one’s serious injury so you can file the survival action or as soon as possible after their death. Getting fast access to your case helps us access evidence while it is more readily available and brings your case to a resolution more efficiently.
Who can file a wrongful death claim vs. survival action?
Georgia’s wrongful death statute names surviving spouses and children as those eligible to bring a wrongful death claim. An attorney can identify who should file and determine if other possibilities exist if no spouse or child is left behind.
Survival actions are brought on behalf of the victim’s estate, so the estate’s executor or personal representative would file this action. Again, an attorney can help if there is no named executor. In some cases, the victim’s executor may also be the individual filing the wrongful death claim. Though the same person files, they do so in different legal capacities.
Compensation amounts for wrongful death claims vs. survival actions
Georgia does not limit the amount of damages you can pursue for wrongful death or survival actions but requires that demands be backed with evidence. Evidence for economic damages can include salary and job-benefit amounts, as well as supported projections for future earnings. For survival actions, evidence could include medical bills and funeral costs.
Amounts for non-economic damages are more subjective. An experienced Kennesaw wrongful death lawyer can value these losses and calculate a just demand. Insurance companies typically minimize losses to keep their payouts as low as possible, and you may overlook important details that could cost you fair compensation.
We’re here for your family
If you need to file a survival action or wrongful death claim, you are going through one of the most difficult times of your life. Let Piedmont Injury Law help you through it. Call (678) 909-0770 or contact us online to arrange a free case consultation and find your best way forward.