Losing a loved one because of someone else's negligence is a life-changing experience. Along with grief, families are often left with questions about their legal rights and what options may be available to seek accountability. During such a difficult time, it can be challenging to understand the different types of claims that might arise after a fatal accident and how they affect a family's financial future.
At The Tourigny Law Firm LLC, I help families pursue the compensation they may be entitled to after a tragic loss. Whether a claim involves damages suffered by the deceased before passing away or losses experienced by surviving family members, understanding the distinction between these legal actions is important.
Speaking with a wrongful death attorney can help families better understand the differences between these claims and the compensation that may be available after a tragic loss. I proudly serve clients throughout Kansas City, Missouri, as well as across Kansas and Missouri. If you've lost a loved one due to another party's negligence, contact me today to discuss your situation.
What Separates Survival Actions From Wrongful Death Claims?
Although survival actions and wrongful death claims often arise from the same fatal incident, they serve different purposes and compensate different losses.
A survival action focuses on the harm suffered by the deceased person before death. This claim essentially allows the estate to pursue compensation that the deceased could've sought had they survived. In other words, the claim survives the person's death and becomes part of the estate.
A wrongful death claim, on the other hand, seeks compensation for losses experienced by surviving family members as a result of the death. These damages address the impact the loss has had on those left behind.
Because these claims compensate for different injuries, they may often be pursued together. As a wrongful death attorney, I can evaluate whether both actions are available based on the circumstances of the case and the laws of Kansas or Missouri.
Recoverable Damages in a Survival Action
A survival action addresses the losses suffered by the deceased between the time of injury and the time of death. Even when death occurs relatively quickly, damages could still be available through the estate.
Common damages in a survival action could include:
Medical expenses: Costs associated with emergency treatment, hospitalization, surgeries, medications, and other care provided before death.
Lost wages before death: Income the deceased would've earned between the injury and death.
Pain and suffering: Physical pain and emotional distress experienced before passing away.
Property damage: Damage to personal property resulting from the incident.
Other economic losses: Additional financial losses directly tied to the injury before death occurred.
These damages become part of the estate and may ultimately benefit heirs or beneficiaries according to applicable laws and estate planning documents. I can review available evidence, medical records, and financial documentation to determine the full value of a survival action claim.
Recoverable Damages in a Wrongful Death Claim
Unlike a survival action, a wrongful death claim centers on the losses suffered by surviving family members after the death. As a wrongful death attorney, I work to demonstrate how the loss has affected spouses, children, parents, and other eligible beneficiaries. The goal is to recover compensation for the personal and financial consequences resulting from the death.
Potential damages could include:
Loss of financial support: Income and benefits the deceased would likely have provided to family members.
Loss of companionship: The absence of the relationship, guidance, affection, and support previously provided by the deceased.
Loss of parental guidance: The impact a parent's death may have on a child's development and well-being.
Funeral and burial expenses: Costs associated with final arrangements.
Emotional suffering: Damages related to the grief and emotional hardship experienced by surviving family members when permitted under applicable law.
These damages attempt to address the long-term effects of losing a loved one. While no amount of compensation can replace a family member, I can pursue financial recovery that helps ease some of the burdens caused by the loss.
Why Both Claims Can Be Filed After a Fatal Accident
Many families are surprised to learn that a survival action and a wrongful death claim aren't mutually exclusive. In many situations, both claims can arise from the same accident.
For example, imagine a person is seriously injured in a vehicle collision and spends several weeks receiving medical treatment before passing away. The estate may pursue a survival action for the medical expenses, lost income, and pain and suffering experienced during those weeks.
Surviving family members could also pursue a wrongful death claim for the financial and personal losses resulting from the death itself. As a wrongful death attorney, I can help evaluate whether multiple claims should be pursued and identify the damages that might be recoverable under Kansas or Missouri law.
Seeking Guidance From an Attorney
After a fatal accident, families often face emotional strain, financial uncertainty, and numerous legal questions. Determining which claims apply requires a careful review of the facts, available evidence, and state-specific laws.
A wrongful death attorney can investigate the circumstances surrounding the incident, gather supporting documentation, identify liable parties, and calculate damages that may be available through both survival actions and wrongful death claims. Early action helps preserve evidence and protect important legal rights.
Families shouldn't assume that a single claim covers every loss associated with a fatal accident. Because survival actions and wrongful death claims address different harms, pursuing both is necessary to fully account for the impact of the tragedy. I can provide clarity on the available options and the compensation that may be pursued.
Finding Support Through Your Wrongful Death Attorney
When distinguishing between survival actions and wrongful death claims, it becomes clear that each serves a different purpose. One addresses losses suffered by the deceased before death, while the other focuses on the impact the loss has on surviving family members. Recognizing these differences can help families pursue the full scope of damages available under the law.
At The Tourigny Law Firm LLC, I understand the emotional and financial challenges families face after losing a loved one due to negligence. I help clients throughout Kansas City, Missouri, and across Kansas and Missouri evaluate survival actions, wrongful death claims, and other legal options available after a fatal accident. Reach out to me today to discuss your case and learn how I may be able to help.
