Brand
Get Your FREE Case Review 24 Hours A Day
To protect your safety during the coronavirus (COVID-19) crisis, we offer telephone and video conferences, in addition to face-to-face meetings. Please contact our office today to set up a remote consultation.
Arrow
Mesothelioma
& Asbestos
Mesothelioma
& Asbestos

Learn more about mesothelioma, symptoms & treatment, frequently asked questions and more.
Arrow
Mesothelioma
& Asbestos
Mesothelioma
& Asbestos

Learn more about mesothelioma, symptoms & treatment, frequently asked questions and more.
Arrow
Mass Torts, Defective Drugs & Products
Mass Torts, Defective Drugs & Products
We help victims of dangerous drugs (Actos, Mirena, Lipitor, etc.) and faulty devices (hip implants, pacemakers, etc.)
Arrow
Mass Torts, Defective Drugs & Products
Mass Torts, Defective Drugs & Products
We help victims of dangerous drugs (Actos, Mirena, Lipitor, etc.) and faulty devices (hip implants, pacemakers, etc.)
Arrow
Personal Injury &
Workers' Compensation
Personal Injury &
Workers' Compensation

We help clients who need assistance with work-related injuries linked to asbestos and other serious problems.
Arrow
Personal Injury &
Workers' Compensation
Personal Injury &
Workers' Compensation

We help clients who need assistance with work-related injuries linked to asbestos and other serious problems.

The difference between wrongful death and survival actions

| Feb 19, 2018 | Wrongful Death |

You may have heard about wrongful death claims before — but what about survival actions?

Both are types of lawsuits that are filed after someone has died, and both help cover the myriad medical bills and other financial needs that tend to pile up in the wake of a tragedy. However, there are important distinctions between the two that you should understand.

How do wrongful death claims work?

A wrongful death claim is more familiar to most people — and it centers around the immediate survivors of the victim of negligence.

For example, in a delayed or missed diagnosis case, the spouse and children of a cancer victim might file a wrongful death claim after their loved one died. The claim would ask the court to compensate them for the loss of their loved one — both in a financial sense, because of the income or services he or she would no longer be able to provide the family, and in an emotional sense, because of the pain and emotional suffering the family had to endure over the loss.

If successful, claims are paid directly to the survivors who are eligible to bring the claim. Who exactly can file a wrongful death claim is limited strictly by law.

How do survival actions work?

A survival action is filed by the estate of the deceased. It seeks the compensation the deceased would have been due, had he or she survived, for any losses and suffering he or she endured while still alive. A survival action could cover a relatively long period of time while a victim of negligence languished in a hospital bed or only a short time while he or she lingered after an accident.

Since the claim is filed by the victim’s estate, the eventual beneficiaries are the people named in the deceased’s will. If there’s no will, the beneficiaries of any award will be the those named according to estate law.

Because of the differences between survival actions and wrongful death claims are so important, make sure that you discuss both if you’re considering any claim regarding a deceased love one.

Source: FindLaw, “Wrongful Death Overview,” accessed Feb. 14, 2018

Mesothelioma Lawyers and Personal Injury Attorneys
Get a Free Case Review!

Archives

FindLaw Network

Why Choose The Gori Law Firm?

Experience

With over 100 years of combined legal experience, we guide our clients through the litigation process by addressing questions and concerns and about the outcome every step of the way. Read More

Results

The team at The Gori Law Firm fights hard for clients, working to get the compensation and the settlement they deserve, obtaining over $3 billion in verdicts and settlements for our clients. Read More

Team Approach

We are more than just experienced attorneys: our team is also made up of highly trained paralegals and professionals specially trained to deal with the demands of these complex cases. Read More

Faster Trial Dates
We know that obtaining funds in a timely manner will help cover medical expenses. The Gori Law Firm works quickly to recover funds and secure the earliest possible trial dates on our client's behalf. Read More

Recognition

  • Super Lawyers
  • Million Dollar Advocates Forum
  • American Association for Justice
  • ABA Defending Liberty Pursuing Justice
  • Illinois State Bar Association

Fill Out Our Form Today To Get A Free Case Review.

Get a Free Case Review Today