Survival Statute Compared to Wrongful Death
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Introduction
When tragedy strikes and someone loses their life due to the negligence or intentional actions of another, it is important to understand the legal options available to the surviving family members. In the realm of personal injury law, two main types of claims arise in such situations - survival statutes and wrongful death claims. Each has its own purpose and requirements, and understanding the differences between the two can help ensure that you pursue the appropriate legal recourse.
Survival Statute
A survival statute is a legal provision that allows the personal injury claim of the deceased person to continue after their death. Essentially, it enables the estate of the deceased individual to bring a lawsuit on their behalf, seeking compensation for the damages they suffered before their passing. This includes any physical and emotional pain, medical expenses, and lost wages resulting from the accident or incident that caused their death.
Key Elements of a Survival Statute
For a survival statute claim to be successful, several key elements must be established:
- Personal Injury Claim: The claim must be based on a valid personal injury cause of action that the deceased person could have pursued had they survived.
- Timely Filing: The claim must be filed within the statute of limitations, which is the legally specified time frame within which a lawsuit can be brought.
- Proof of Damages: The estate must present sufficient evidence to demonstrate the damages the deceased person incurred as a result of the incident.
- Executor or Administrator: The lawsuit must be filed by the executor or administrator of the deceased person's estate.
By pursuing a survival statute claim, the estate can seek justice and obtain compensation for the harm and suffering endured by the deceased individual.
Wrongful Death Claim
Unlike a survival statute claim, a wrongful death claim is brought on behalf of the surviving family members who have suffered the loss of their loved one. This type of claim seeks to hold the responsible party accountable for causing the death and compensates the surviving family members for their loss, both economic and non-economic.
Who Can File a Wrongful Death Claim?
Each state has specific laws detailing who can file a wrongful death claim, but typically it is limited to the following individuals:
- Spouse
- Children
- Parents
- Dependent Relatives
If no immediate family members are alive or eligible to file the claim, a personal representative may do so on behalf of the deceased person's estate.
Key Elements of a Wrongful Death Claim
To establish a successful wrongful death claim, the following key elements must be proven:
- Death Caused by Negligence: It must be demonstrated that the death was a result of the negligent actions or misconduct of another party.
- Demonstration of Duty of Care: The responsible party had a legal duty to exercise reasonable care to prevent harm.
- Breach of Duty: It must be shown that the responsible party breached their duty of care, either through negligence or intentional actions.
- Causation: There must be a direct link between the breach of duty and the resulting death.
- Damages Incurred: The surviving family members must provide evidence of the economic and non-economic damages they have suffered as a result of the death.
By pursuing a wrongful death claim, surviving family members can seek both economic and non-economic damages, such as medical expenses, funeral costs, loss of financial support, loss of companionship, and emotional distress.
Conclusion
In cases where someone loses their life due to the negligence or intentional actions of another, understanding the differences between a survival statute and a wrongful death claim is crucial. While a survival statute allows the estate to continue the personal injury claim of the deceased, seeking compensation for the damages they suffered, a wrongful death claim focuses on compensating the surviving family members for their loss.
At Troy Powell Law Firm, we specialize in personal injury and wrongful death cases, ensuring that our clients receive the justice and compensation they deserve. If you require legal assistance or have any questions regarding survival statutes or wrongful death claims, please contact us today.
Disclaimer
This information is provided for general informational purposes only and does not constitute legal advice. Laws regarding survival statutes and wrongful death claims vary by jurisdiction. It is advisable to consult with a qualified attorney to understand how these laws apply to your specific situation.
