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The Difference Between a Wrongful Death and Survival Lawsuit

In California, if someone dies due to the negligence of another, there are two types of lawsuits that can be brought against the person or group responsible for the death. One of them is a wrongful death lawsuit and the other is a survival lawsuit. While similar, they each perform different functions, so it’s important to know which does what before filing.

Wrongful Death Lawsuit

Surviving dependent family members, like a spouse or child, can bring a wrongful death suit against an offending party. A representative from the estate can also file. The family can ask for compensation due to loss of support or services the deceased provided. This suit can cover funeral and burial expenses, too. While no amount of money will change the circumstance, a wrongful death lawsuit can address the loss of companionship and support the deceased had provided.

Survival Lawsuit

Bringing a survival cause of action case against someone has particular criteria, too. You cannot file this type of suit if your loved one succumbed to their injuries immediately. Survival lawsuits can only be filed if they lived even for a short time between injury and death. This entitles the successor or estate to recoverable damages the deceased was entitled to before passing. Essentially, it allows for recovery of damages owed. A survival lawsuit does not include damages for pain, suffering or disfigurement, but allows the living plaintiff recovery of medical expenses incurred and lost wages.

Consolidation

The best course of action is to seek an attorney with experience in these types of suits. In some cases, these two suits can be consolidated, but you’ll need to consult with legal counsel for specifics in your case before proceeding. Filing for both lawsuits means you are trying to recover punitive losses as well as the benefits the deceased would have been entitled to, while also being compensated for the services they performed that you are now having to do without.

Certain people are allowed to file for each of the suits, so consulting with an attorney about your rights in wrongful death and survival lawsuits is imperative.

Know Your Rights

Call Maison Law Firm to help with all of your legal needs. We specialize in personal injury lawsuits. Our dynamic team is standing by and ready to fight for you. We have three locations to serve you: Visalia, Bakersfield and Glendale. We’re only one phone call away.

 

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