What Are Wrongful Death and Survival Claims?
Bringing a legal claim after a loved one passes as the result of an accident may seem as though it will offer little consolation. There is no real way to recover what you have lost and no remedy that comes close to compensating you fairly. Nevertheless, pursuing damages may give you and your family much needed support during this difficult time. Consulting with a Washington DC Wrongful Death Lawyer is a good idea.
You were likely left with a lot of expenses as the result of someone in your family passing suddenly and unexpectedly. Also, taking legal action may help to deter similar negligent conduct that caused the accident from occurring in the future. For these reasons, you may wish to initiate a survival claim or a wrongful death claim. The terms are often used interchangeably, but they actually have very different legal implications.
When you bring a wrongful death claim to court, you are petitioning to recover the damages that you have incurred as a result of your loved one’s death. These damages may include medical costs, funeral expenses, and their future lost wages that he or she can no longer contribute to your family. You can also pursue damages for loss of consortium or companionship. A wrongful death lawyer may also advise you to make a claim for punitive damages if the negligent act that caused someone’s death was particularly egregious.
When you initiate a survival claim, you are bringing the claim on behalf of your deceased family member. This type of claim seeks the damages that your family member would have sought for the accident if he or she had lived. You or the estate of the deceased person can seek compensation for the damages that he or she sustained up until the time of their death. Examples of these damages may include medical expenses, lost wages, and compensation for pain and suffering. A Washington DC Wrongful Death lawyer can offer you input about whether a survival action may be the best course of action for your individual situation.
Ultimately, the right type of claim to pursue may depend on the extent of your damages and the circumstances leading to the accident. In a time when you’re coping with a terrible loss, navigating the legal process may seem like a burden. However, you should give serious thought to pursuing compensation from the person or business entity responsible for the loss of your loved one. An experienced Washington DC Wrongful Death Lawyer can answer all of your questions and help you evaluate your options.
The attorneys at Cohen & Cohen have settled thousands of cases in the past thirty years. Contact a Washington DC Wrongful Death Lawyer today for a free case evaluation. Contact us immediately at (202) 955-4529.