The Difference Between Wrongful Death and Survival Action

When a death occurs because of someone’s negligence, the family usually has legal options available to them. While the world of law and personal injury can seem confusing, it is relatively simple in that the family can file for wrongful death or survival action. These both give families options for financial recovery after the loss of their loved one.

Wrongful death is the most common of the two claims. The aim of this lawsuit is to compensate the family of the deceased. What kinds of damages can be recovered differ from Utah to other states but the general idea is that family members are able to recover money lost on medical expenses and the emotional toll the loss has had on the family.

The two most important things to remember in a wrongful death claim are that the family is directly paid for their loss and that state laws vary on which relatives are eligible for wrongful death compensation. Some states other than Utah allow extended family to file for losses such as grandparents and adult children. Most states limit claims to immediate and dependent family.

Survival action is the least common of the two claims. Rather than being filed by immediate family, a survival action claim is filed by the deceased person’s estate. In essence, the law allows the estate to take over the deceased’s personal injury claim.

The biggest differences between the two kinds of claims is that damage compensation received in a survival action claim go to the estate and will eventually be dispersed in the same way that the will is. If there is no will then state law will determine where the compensation money ends up. Normally family members do not receive compensation for their personal losses if only a survival action is filed.

In most states, including Utah, it isn’t an option to file both a wrongful death and a survival action. The family will need to choose one or the other. In most cases a survival action isn’t the ideal suit.

Because policies and laws may change from state to state and even from situation to situation, it is usually better for those in Utah and elsewhere to file through a personal injury attorney. They know the ins-and-outs and can help a family take appropriate steps legally. Most people don’t file a claim without a personal injury lawyer because of all the technicalities.

Nate Myers is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry.