A Wrongful Death Lawyer Minneapolis MN Trusts Explains Survival Action and Wrongful Death Claim
When the death of a loved one is caused by the negligence of another, there are two types of lawsuits you can bring against the at-fault party. The first type is a survival action and the other type is a wrongful death lawsuit. If you are thinking about your best course of action after the untimely death of a loved one, you need to understand the differences between these lawsuits and what you stand to gain from each one.
What Is a Survival Action?
A survival action is a claim filed by the personal representative of the deceased’s estate. If none had been appointed, it can be filed by the deceased’s successor in interest. This claim is brought against the person, persons, or entity responsible for the individual’s death. You can only bring this action if the deceased did not die immediately after the accident.
Damages that can be recovered under a survival action include losses that the deceased incurred or sustained before death, including punitive damages that they would have been entitled to had they lived. These also include lost wages and medical expenses. In simple terms, the survival statute allows you to step in the deceased’s shoes and recover the damages they would have received had they lived.
What Is a Wrongful Death Claim?
A wrongful death claim is filed by the personal representative of the deceased’s estate, and if none had been appointed, by the deceased’s surviving spouse or family members. This claim is brought against the person, persons, or entity responsible for the individual’s death.
The common damages for wrongful death claims are loss of support for family members who depended on the deceased for financial support. For a family member to be given loss of support, they must prove that the deceased individual supported them financially, and must also prove the amount of support they received. Minor children are entitled to loss of support up to the age of 18 and may also get support up to college if they can prove that the deceased would have funded their college education. Widows may also be entitled to loss of support up to the presumed retirement age of the deceased.
A Minneapolis MN wrongful death lawyer can go over other damages but, in general, other damages can include loss of services, burial and funeral expenses, loss of sexual cohabitation, and companionship.
Statute of Limitation for Both Claims
In many states, you are allowed only two years from the date your loved one’s passing to file a survival claim or wrongful death claim. Failing to file a claim in time means you will lose your right to do so and cannot recover compensation. It is advisable to contact a wrongful death lawyer for advice regarding which claim to file and the statutory limitations in your jurisdiction.
Contact a Minneapolis MN Wrongful Death Lawyer for Assistance
If you have lost a loved one through the negligent or intentional actions of a person, persons, or an entity, you may file a survival action or wrongful death claim. The main differences between the two are the persons allowed to file these lawsuits and the damages recoverable under each.
Contact a wrongful death lawyer Minneapolis MN clients recommend to determine which option is suited for your case and the laws that apply in your state. Your wrongful death lawyer may also improve your chances of being awarded damages and receiving justice for the death of your loved one.