When a loved one passes away due to someone else’s carelessness, family members are often left to deal with their grief and tough legal choices. People experiencing a loss like this in Memphis, Tennessee, should know the difference between a wrongful death claim and a survival action. While both claims argue for justice and financial compensation, they serve different purposes. Here is a closer look at wrongful death vs survival action claims and how they vary.
Understanding Wrongful Death Claims
A wrongful death claim is intended to compensate family members for the loss they have endured due to their loved one’s death. In Tennessee, a wrongful death claim allows certain surviving family members, such as a spouse, child, or parent, to seek compensation from the responsible party for the effect of their loved one’s death.
What Damages Are Recoverable in Wrongful Death Claims?
In a wrongful death claim, close family members of the deceased can receive compensation for their loss. This includes:
- Coverage of medical expenses for any care the deceased needed before they passed
- Payment for funeral and burial costs
- Compensation for financial support that the deceased would have provided for the family if they were still living
- Emotional suffering for the loss of companionship and love, recognizing the emotional loss of the family
These types of considerations help support the family financially and emotionally after their loved one’s passing.
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What Is a Survival Action?
A survival action, on the other hand, allows for a claim to be filed on behalf of the deceased for the pain and suffering they experienced before their death. Unlike a wrongful death claim, which focuses on the family’s loss, a survival action concentrates on the person who died and what they experienced before their passing.
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Compensation Recoverable in Survival Actions
Common losses you could receive compensation for in survival actions include:
- Pain and Suffering: If the deceased experienced pain and suffering from their injuries before passing, the family may be awarded compensation because the law recognizes what the person endured due to someone else’s actions. Although the money goes to the family, it represents accountability for the distress caused and aims to provide some justice for what their loved one experienced.
- Lost Wages: The family can receive the deceased’s lost wages because those earnings would have helped support them if the person had lived. When someone passes away due to another person’s actions, the family, not only their loved one but also the financial support they provide. Compensation for lost wages aims to help the family sustain financial stability despite their loved one’s absence.
- Medical Expenses: When someone is injured due to another person’s actions and acquires medical bills before passing, those expenses can significantly burden the surviving family. In a survival action, the family can reclaim these medical costs. This compensation establishes that the family isn’t financially responsible for medical treatments the deceased needed before they passed away.
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Wrongful Death vs Survival Action: Key Differences
While both wrongful death and survival action claims can provide compensation, they have primary differences:
- Who they focus on: Wrongful death claims focus on the family’s loss, while survival actions are about what the deceased experienced before they passed.
- Types of compensation: Wrongful death claims provide compensation for things like ongoing emotional suffering and financial support for the family. Survival actions cover the pain and suffering the deceased endured.
- Who files the claim: In Tennessee, close family members usually file wrongful death claims, but the deceased’s estate typically files survival actions. This person is responsible for managing the deceased’s affairs and is often called the executor or administrator.
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Who Can File Wrongful Death and Survival Action Claims in Tennessee?
Only specific individuals in Tennessee have the legal standing to file these claims. For wrongful death claims, the surviving spouse is normally the first to have the right to file. If the deceased had no spouse, the right typically goes to children, parents, or other legally eligible family members. The executor or administrator of the deceased’s estate typically initiates survival actions. This individual will pursue these claims on behalf of the deceased’s estate.
How Are Wrongful Death and Survival Action Claims Processed?
Legal proceedings for wrongful death and survival action claims often coincide, but substantial differences exist. In a wrongful death claim, the goal is to demonstrate the family’s losses. In a survival action, the claim focuses on the pain and expenses endured by the deceased. Both cases require documentation and proof, such as medical records, witness statements, and financial documentation, to corroborate the claim.
Common Scenarios That Lead to Wrongful Death and Survival Action Claims
Different types of events may result in wrongful death or survival action claims, including:
- Car accidents: Negligent driving, impaired driving, or reckless behavior can lead to fatal accidents.
- Medical malpractice: When healthcare providers fail to provide qualified care, it can result in fatal outcomes.
- Construction accidents: Unsafe premises, insufficient safety measures, or faulty equipment can lead to fatal workplace injuries.
Why You May Need Legal Help for Wrongful Death or Survival Action Claims
Filing a wrongful death or survival action claim can be overwhelming, especially while you’re coping with grief. Legal representation can help ease the process by gathering evidence for you and deal with negotiations. Additionally, a knowledgeable attorney can help you understand Tennessee’s specific laws, which may affect the outcome of your case.
How Gatti, Keltner, Bienvenu & Montesi, PLC Can Help You
Knowing the differences between wrongful death and survival action claims can help you choose the best path to compensation. If you have lost a loved one in Memphis, TN, Gatti, Keltner, Bienvenu & Montesi, PLC is here to help. We have experience with wrongful death and survival action cases and a proven track record of success to assist you through the intricacies of these claims.
We understand that taking legal action is a difficult step. However, you can obtain justice and establish financial security for your family by filing a claim. Our Tennessee wrongful death attorneys can provide professional guidance to help you through this difficult time. If you are in Memphis and need assistance, call our law firm today at (901) 526-2126 or contact us online to learn how our experienced lawyers can support your pursuit of justice.