The Difference Between Wrongful Death and Survivor Action

  • Jun 19 2015
  • Gilleon Law Firm, APC

wrongful death and survivor actionWhen a loved one is killed in an accident, it is devastating for the survivors. Not only do you lose the person’s love and companionship, but you also lose any monetary support provided. You also suddenly face unexpected funeral expenses and other costs. During this difficult time, you may wonder how you will survive when your loved one was so unfairly taken from you due to another person’s negligent actions.

While many people immediately jump to the idea of a wrongful death suit, it is important to know your options:

  • Wrongful Death – This is a type of claim brought by a legal representative on behalf of the family of the deceased. The claim will seek medical and funeral expenses as well as compensation for calculated lost wages and future lost earnings. Along with actual expenses, wrongful death claims also include carefully calculated non-economic damages like the loss of companionship, guidance and mental anguish.
  • Survivor Action – A survivor action is a little bit different. It aims at recovering compensation in the name of the deceased rather than his or her surviving family. A survivor action is filed by the legal representative of the deceased and seeks compensation for losses incurred from the time of injury to death. This can include punitive damages. Survivorship claims will typically seek expenses related to emergency and medical treatment expenses incurred by the deceased individual before death.

When you are facing the death of a loved one while also attempting to deal with mounting expenses incurred as a result of his or her death, turn to the compassionate representation and determined advocacy represented by the Gilleon Law Firm, APC in San Diego. We are a highly respected firm in the legal and judicial community because we are committed to assisting families who have lost a loved one due to the careless actions of another individual.

When determining if a wrongful death claim or survivor action is right for you, let the Gilleon Law Firm, APC help. The state of California distinguishes between the types of legal actions you can file following the death of a loved one due to negligence. If you have lost a loved one through no fault of their own, you have grounds to file survivor actions or wrongful death suits. A knowledgeable wrongful death attorney from the Gilleon Law Firm, APC can fully explain the potential actions that are available to you, as well as offer sound legal advice about what might work best for your unique situation.

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