While they may feel similar, the difference between a wrongful death claim and a survival action primarily lies in their purpose and who has the right to initiate them. When you have lost a loved one in a tragic accident caused by negligence, our wrongful death attorneys in Newnan can discuss your options for pursuing legal claims on behalf of your loved one.
What Constitutes a Wrongful Death
A wrongful death is any death that arises because of another party’s negligent or malicious actions, according to Georgia Code § 51-4-1. Many of these deaths would be preventable if the at-fault party had acted with less negligence or ill will. Vehicle accidents, work accidents, defective products, slip and fall accidents, medical malpractice, and violence are just a few of the common causes of wrongful deaths.
How Wrongful Death Claims Work in Georgia
In a wrongful death claim, the decedent’s surviving family members can file a wrongful death claim to recover compensation to offset losses caused by the untimely death. This may include the decedent’s funeral and burial costs, lost income, medical expenses, pain and suffering, emotional distress, and loss of companionship or consortium.
Wrongful death claims can generally be filed by the decedent’s spouse, children, or parents, according to Georgia Code § 51-4-2. All compensation recovered in this type of claim is to benefit these parties based on the priority of the relationship and the level of dependency. Additionally, during the claim process, family members will have to demonstrate the four essentials of a wrongful death claim to establish the other party’s negligence before the case can be fully resolved.
How Survival Actions Work in Georgia
A survival action is brought by the decedent’s personal representative to recover compensation to cover the decedent’s final expenses. This type of claim is brought on behalf of the decedent’s estate and generally provides for any losses the decedent would have been able to recover if they had survived the accident. Compensation from this type of claim may include any medical expenses the decedent incurred before their death, as well as their lost income and suffering caused by the accident.
Wrongful Death Claims and Survival Actions Can be Filed Simultaneously
Wrongful death claims and survival actions can be filed simultaneously, since they are two different types of claims and are filed by two different parties. By initiating both types of claims, surviving family members can recover their losses comprehensively so there is little to cover out of pocket. To ensure that you do not miss out on the chance to recover compensation in either type of claim, you must adhere to Georgia’s statute of limitations, which allows for legal action up to 2 years from the time of death.
Wrongful Death Claims and Survival Actions Help Offset Losses
The sudden loss of a loved one is emotional, overwhelming, and disorienting. Filing these two types of claims can help offset the resulting losses, though, and hold the at-fault party accountable. To make sure you can recover all losses that your family or your deceased loved one is entitled to, Kam, Ebersbach & Lewis can provide insight into your rights, the options available to you, and how to move forward with your claim.