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Wrongful Deaths vs. Survival Actions Explained

Wrongful Deaths vs. Survival Actions Explained

Wrongful death and survival actions leading to death are two different types of claims. Both involve a victim who is deceased and a defendant who has allegedly caused the death. However, they differ in the way they are filed.

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Wrongful Death Claims

A wrongful death claim is one that alleges the plaintiff’s loved one’s death was caused by an accident or other wrongful act of another party that led to his or her demise. The most common example of this type of claim is when someone dies in an auto accident caused by a drunk driver.

Survival Actions Leading to Death Claims

A survival action leading to a death claim also alleges that someone’s loved one died due to another person’s wrongdoing. But in this case, the person who killed or harmed them did not intend to do so — instead, it was an unintended consequence of their actions that caused their demise.

What Are the Other Differences?

A wrongful death action is a civil lawsuit filed by a family member or loved one of an individual who has died as a result of someone else’s negligence. This type of case involves the death of an individual and can be filed in state court, federal court or both.

A survival action is a civil lawsuit filed by the living party to recover damages for their own pain and suffering from their injury, whether it be physical or emotional. These cases are typically filed in state court, although an attorney may also file for federal court if that is where the grantor of the insurance policy resides.

The difference between these two types of cases can be confusing because they both involve the death of another person.

Get a Philadelphia Wrongful Death lawyer if you’re confused. These cases can become overly complex too quickly. An attorney from a good law firm will help make things clearer so you can adjust your expectations and know what’s to come.

Describing the Two Types

Wrongful death is the killing of another person by an individual, or by the negligence of another party. It can also be referred to as homicide or homicidal conduct. A wrongful death lawsuit is a civil lawsuit in which a family member or loved one who has died due to the negligence of another party seeks monetary compensation for damages they suffered as a result of that person’s actions.

Survival actions are similar to wrongful death lawsuits but with one major difference: survival actions are filed against those who caused the death, while wrongful death lawsuits seek compensation for the victim’s family members.

Getting the Right Legal Help in Wrongful Death Cases

Finding the right Philadelphia Wrongful Death lawyer might look like a daunting task – but it certainly doesn’t need to be. As one of the most well-known law firms out there, Philadelphia Injury Lawyers P.C. offers a free consultation, expert attorneys, 24/7 client support, and full & fair compensation. Get in touch with us today!