When a loved one’s death occurs due to someone else’s negligence or wrongful actions, the emotional and financial toll on family members can be overwhelming. In Illinois, family members have two legal options to seek compensation: wrongful death claims and survival action claims. Although both legal actions arise from the same tragic event, they serve distinct purposes and provide different forms of relief.
This blog will help you understand the difference between wrongful death and survival action claims, explaining how each helps surviving family members address financial and emotional losses.
Key Takeaways
- Wrongful death claims provide compensation to family members for their own financial and emotional losses in a wrongful death case.
- Survival action claims seek damages for what the deceased could have claimed had they survived.
- Both types of claims are typically filed by the deceased’s estate or personal representative.
- Wrongful death damages can include lost wages, mental anguish, and burial costs, while survival actions cover the deceased’s pain and suffering, medical expenses, and lost wages before death.
- These legal actions are essential tools for holding negligent parties accountable and easing the financial burden on surviving families.
Wrongful Death vs. Survival Action: Key Differences
The primary distinction between a wrongful death claim and a survival action claim lies in the damages they aim to recover and who benefits from the lawsuit.
- Wrongful death claims are filed by the deceased person’s family members or a representative to recover damages related to the loss of their loved one, such as funeral expenses, lost wages, and emotional distress.
- Survival action claims are brought by the deceased person’s estate to recover damages that the deceased could have claimed if they had survived. These include medical bills, lost wages, and pain and suffering that occurred between the injury and death.
While these legal actions may overlap in some instances, it’s important to understand when and how each applies to ensure the most appropriate action is taken following a person’s death.
What is a Wrongful Death Claim?
A wrongful death claim arises when someone’s death results from the negligent or intentional actions of another person or entity. In Illinois, family members—including the surviving spouse, children, and sometimes other relatives—can pursue compensation for the financial and emotional losses they have experienced due to the death.
What Does a Wrongful Death Lawsuit Cover?
A wrongful death suit, also known as a wrongful death lawsuit, seeks to compensate surviving family members for the impact of their loved one’s death. Common damages include:
- Lost wages: Compensation for the financial support the deceased would have provided.
- Burial expenses: Costs associated with the funeral and burial.
- Loss of parental companionship: Compensation for children who have lost a parent.
- Mental anguish: Emotional distress suffered by the surviving family.
In Illinois, the deceased’s personal representative must file the wrongful death claim on behalf of the family. Generally, the statute of limitations for filing such a lawsuit is two years from the date of death, although consulting with a wrongful death attorney can clarify timelines based on the specific circumstances.
What is a Survival Action Claim?
A survival action allows the deceased person’s estate to recover damages for injuries or damages the deceased would have been able to claim if they had survived or her death. It is called a “survival action” because the right to pursue compensation survives the death of the injured person.
Survival Action Claims: What Do They Cover?
Unlike wrongful death lawsuits, survival action claims seek damages that benefit the estate rather than the surviving family members. Typical damages include:
- Medical expenses: Costs for medical care the deceased received before their passing.
- Pain and suffering: Compensation for the physical and emotional suffering the deceased experienced before death.
- Lost wages: Compensation for income lost due to the injury before death.
The personal representative of the deceased’s estate is responsible for filing the survival action. This type of lawsuit does not address the emotional suffering of the family but focuses on what the deceased would have claimed had they survived.
Who Can File for Compensation?
In Illinois, specific individuals have the legal right to file wrongful death or survival action claims. These typically include the deceased person’s immediate family members, such as the surviving spouse, children, or parents. In some cases, siblings or other dependents may be eligible to seek compensation.
Additionally, the personal representative of the deceased’s estate has the authority to file a survival action lawsuit on behalf of the estate. This representative, often the executor or administrator of the estate, is responsible for recovering damages that the deceased could have claimed if they had lived.
Understanding who is eligible to file these claims is essential to ensuring the appropriate legal steps are taken.
Filing Wrongful Death and Survival Action Lawsuits: What You Need to Know
In many cases, families may choose to file both a wrongful death lawsuit and a survival action lawsuit, especially when the deceased person suffered injuries before passing away. These legal actions often work together to seek comprehensive compensation.
Key Steps in the Filing Process
Filing either a wrongful death or survival action claim requires careful attention to detail. Here are the main steps involved:
- Gathering evidence: Collecting medical records, police reports, and other relevant documents.
- Proving liability: Demonstrating how the responsible party’s negligence or wrongful actions caused the death.
- Calculating damages: Estimating the financial losses and emotional impact suffered by the family and the estate.
Each type of lawsuit has its own unique challenges, but an attorney can guide you through the process and help maximize your potential recovery.
Statute of Limitations for Wrongful Death and Survival Action Claims
In Illinois, the statute of limitations for wrongful death and survival action claims can differ. Wrongful death lawsuits typically must be filed within two years of the date of death, while survival action claims may have different timelines depending on the circumstances.
Failing to file a claim within the statutory period can result in losing the right to compensation. An attorney can help you handle these deadlines and ensure your claim is filed correctly.
Can You File Both a Wrongful Death and Survival Action?
Yes, it’s possible to file both a wrongful death lawsuit and a survival action. This typically happens when the deceased experienced injuries before dying. For example, if a person was in a car accident and later died from those injuries, the family could file both legal actions to recover compensation.
Filing both claims can be complex, so consulting with an attorney ensures all legal options are fully explored and pursued.
How a Wrongful Death Attorney Can Help
Losing a loved one is emotionally devastating, and navigating the legal process can feel overwhelming. Whether pursuing a wrongful death claim or a survival action, family members benefit from working with an attorney who understands Illinois law and the best strategies for seeking compensation.
Need Help With a Wrongful Death or Survival Action Case?
If you’ve lost a loved one due to someone else’s negligence, JJ Legal is here to help. Our dedicated attorneys can guide you through your legal options and help you pursue the compensation you deserve.
Contact JJ Legal online or call 888-483-5494 to schedule a free case review today.
