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What is the difference between a survival claim and wrongful death?

| Mar 17, 2021 | Personal Injury |

After a family member dies for preventable reasons, a legal remedy may be little consolation after such a devastating loss. However, the law permits families to recover significant damages after a loved one dies as the result of another party’s negligence. Examples of people who could be at fault include an employer, a medical provider, or an individual responsible for causing a motor vehicle accident.

You may have heard about survival actions and wrongful death actions, and people sometimes refer to them as though they are one and the same. However, there are a few key differences between these two types of claims.

Survival

Under Missouri law, you may have standing to bring a claim on behalf of a deceased loved one. You can recover the damages that a loved one could have sought if he or she had survived the event that is the basis of a claim. Damages for medical expenses, pain and suffering, or lost wages up until the time of death may be recoverable in a survival action.

Wrongful death

Missouri law also gives you your own standing to bring a claim for wrongful death after a loved one passes. You can recover financial damages on behalf of your loved one’s estate as well as damages for mental anguish and loss of comfort or companionship.

Choosing the right type of action will ultimately depend on your family’s individual situation. Navigating through a legal claim can seem daunting during a difficult time, but prevailing in a claim may help your family considerably.