Wrongful Death Claims vs. Survival Actions: What’s the Difference?

Differences between Wrongful Death Claims and Survival Actions

When a loved one dies due to the negligence or intentional actions of another person or entity, it is considered a wrongful death. This tragic event can leave surviving family members with emotional and financial burdens. In Mississippi, two legal avenues can be pursued in cases involving a fatality caused by another’s negligence: wrongful death claims and survival actions. While these terms may sound similar, they have distinct differences that are important to understand when seeking justice for a loved one’s untimely passing.

Wrongful Death Claims

A wrongful death claim is a civil lawsuit that seeks compensation for the losses suffered by the surviving family members due to their loved one’s death. These claims can be filed for the deceased person’s spouse, children, parents, or other dependents. Damages that can be recovered in a wrongful death claim may include medical expenses, funeral costs, lost income and benefits, loss of companionship and guidance, and pain and suffering.

In Mississippi, a wrongful death claim must be filed within three years from the date of the person’s death. The court will likely dismiss the case if this deadline is not met. It is important to seek the help of a Mississippi wrongful death lawyer as soon as possible to ensure that your legal rights are protected and that you receive the compensation you deserve.

Survival Actions

On the other hand, a survival action is a type of legal claim that seeks damages for losses suffered by the deceased person before their passing. This can include medical expenses, lost wages, and pain and suffering. Unlike wrongful death claims, survival actions are brought on behalf of the deceased person’s estate. The damages recovered will go to the estate instead of directly to the surviving family members.

Survival actions must also be filed within three years from the date of death in Mississippi. However, if a wrongful death claim has already been filed, then the statute of limitations for a survival action is extended to two years from the date of the final judgment in the wrongful death case.

Differences between Wrongful Death Claims and Survival Actions

The main difference between these two legal avenues is who can bring forth the claim and what damages are sought. Wrongful death claims are brought by surviving family members and seek compensation for their losses, while survival actions are brought by the estate of the deceased and seek damages for losses suffered by the person before their passing.

Another key difference is that a claim for wrongful death can include compensation for non-economic damages, such as pain and suffering, while survival actions typically only consider economic damages.

Seeking Justice

Losing a loved one due to another’s negligence or intentional actions is a devastating experience. In addition to the emotional toll, it can result in financial hardships for the surviving family members. Seeking justice through a wrongful death claim or survival action can help hold the responsible party accountable and provide some sense of closure for those left behind. 

The Diaz Law Firm: Mississippi Wrongful Death Lawyers

If you find yourself in this unfortunate situation of losing a loved one due to the negligent actions of another, don’t hesitate to reach out to the Diaz Law Firm for support and guidance by calling us at (601) 607-3456 or (800) 459-2222. You can also connect with us online. We can guide you through the legal process and fight for your rights to receive fair compensation for your losses. Together, we can work towards justice for your loved one and bring a sense of peace during this difficult time.