How a Survival Action Differs From a Wrongful Death Claim
While both a survival action and a wrongful death claim can be filed concurrently, they are decidedly different from one another. For instance, one is filed to compensate the family for their loss, and the other is meant to compensate the individual who died. Although this may seem confusing, it isn’t. The two claims actually complement each other in some cases. Let’s take a look at both in detail to understand their differences.
South Carolina Wrongful Death Attorney
The Morris Law Firm, with offices in Myrtle Beach and Aiken, has helped numerous clients when a loved one died due to another’s negligence. When that happens, it is essential to have the legal insight you need along with the compassionate representation you want. Don’t settle for less. Our firm will investigate the accident or intentional act that led to the loss of your family member, use techniques that assist in determining liability and help you not have to suffer both financially and emotionally.
Call us at (843) 232-0944 to schedule a free case consultation. Our injury lawyers can answer your questions and let you know what your options are moving forward. We know that nothing will replace the love and comfort your loved one provided nor will it relieve your grief. It might allow you to grieve without monetary worries about end-of-life expenses and household costs. Our legal assistance is also free, and you will not be charged until your case is successfully resolved.
What Is a Wrongful Death Claim?
When a loved one dies due to negligence or assault of one kind or another, a family can file a claim for the financial support the decedent provided. This type of claim does not reduce the emotional suffering the family experiences. It does let them move forward without financial worries.
In a wrongful death claim, the family postures that the person’s demise makes it difficult for them to survive monetarily without the financial help the decedent provided. A wrongful death lawsuit allows family members to be compensated.
Who Can File a Wrongful Death Lawsuit in South Carolina?
In South Carolina, the following persons can file a wrongful death lawsuit:
- The decedent’s spouse
- Children of the decedent
- The parents of the decedent can file if the preceding do not file
- If the parents predeceased the decedent, then the heirs of the decedent can file
Damages in a Wrongful Death Claim
The following damages can be recovered:
- Funeral and burial costs
- Monetary losses the family suffers without the financial support of the decedent
- The cost of household services the decedent usually handled such as child care, tax preparation and others
- Loss of companionship, support and love the decedent provided
- Children can file for the loss of nurturing, companionship, guidance and inheritance the deceased provided
- The spouse can also file a loss of consortium claim along with the wrongful death lawsuit
What Is a Survival Action?
A survival action is one that is meant to recover the damages the decedent experienced prior to their demise. Basically, it is a personal injury lawsuit filed in the name of the decedent whose damages outlived their death. Unlike a wrongful death lawsuit, it compensates for the decedent’s damages before death and does not compensate for the family’s loss. A survival action can be filed along with a wrongful death claim.
Morris Law Firm
The Morris Law Firm provides the compassionate representation you need in a difficult time after a family member’s death. Let us help you reduce the financial stress you don’t need. Call us at (843) 232-0944 or contact us online.