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  • Writer's pictureLOTG

Difference Between Wrongful Death and a Survivorship Action

Updated: Jun 4

When someone has died due to through negligence or intentional harm, it leaves the surviving family with a lot of additional stressors. Not only do they have to grieve the death of someone close to them, but they are often left with severe financial troubles. At Gomerman | Bourn & Associates, we often get clients coming into our office for help with filing a wrongful death claim and/or a survivorship action. It can get a bit confusing to differentiate between the two, so we will explain a bit more in detail below.

What Is a Wrongful Death Claim?

A wrongful death claim is a way for the surviving family members to file a civil suit to collect damages. The damages center around the surviving family members and take into account the damages they have suffered as a result of losing their loved one. This includes current and future income, funeral costs, medical bills, and other financial hardships the family may have endured. For a more detailed list of wrongful death claim damages, you should consult with your attorney.

What Is a Survivorship Action?

A survivorship action, or “survival action,” is a claim brought by the executor of the decedent’s estate and is focused more on the damages suffered by the deceased person rather than the family. The estate could recover punitive damages, pain and suffering, along with other losses that could be covered in a personal injury lawsuit, had the person survived.

Can You File a Wrongful Death Claim and a Survivorship Action?

Yes. You may be able to file both a wrongful death claim and a survivorship action, depending on the facts in your case. The best way to determine how to file would be to consult with an experienced personal injury attorney. They will be able to look at the facts in your case and create a legal strategy that will provide you with the best chances of compensation.

Need help with a wrongful death claim or survivorship action? Contact Gomerman | Bourn & Associates today at 415-545-8608 to schedule your FREE attorney consultation.

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