What is the difference between survival action and wrongful death in Virginia

When a person dies in Virginia due to someone else’s negligence, the victim’s surviving family may bring a wrongful death lawsuit to pursue compensation for their losses related to the death. If the deceased suffered injuries from negligence that didn’t directly result in their death, their estate may file a survival action to cover losses from their injuries.

Understanding the crucial difference between these two legal actions can help you know what to expect if you are planning to file a claim for your loved one’s death. Contact our Roanoke wrongful death lawyer today.

What Is a Wrongful Death?

In Virginia, a wrongful death occurs when someone loses their life due to another person or entity’s negligent, reckless, or deliberate actions. This category could encompass a wide range of circumstances, from car accidents due to drunk driving to untimely deaths resulting from medical malpractice. If the victim could have filed a personal injury claim had they survived, then their survivors or estate may be eligible to file a wrongful death lawsuit to cover their resulting losses.

What Is a Survival Action?

A survival action is slightly different. It’s used when a personal injury victim’s death was not caused by the negligence that brought the claim but by some other unrelated cause. The victim’s estate can bring this type of legal claim after they pass away. If the victim filed a personal injury lawsuit before their death, it can be transformed into a survival action.

The survival action allows the victim’s estate to recover compensation for the victim’s pain, suffering, and financial losses between the time of the injury and the death. Essentially, it is an extension of the personal injury claim the victim could have pursued had they survived.

Who Can File a Wrongful Death Claim?

In Virginia, a personal representative of the victim’s estate can file a wrongful death claim. The representative could be an executor named in the victim’s will, such as a close family member or friend. Alternatively, it could be a court-appointed individual acting as the administrator of the estate.

The compensation recovered in a wrongful death lawsuit is for the benefit of the statutory beneficiaries, which could be the victim’s surviving:

• Spouse
• Children
• Grandchildren
• Parents
• Siblings
• Other relatives who were dependent on the victim

Who Can File a Survival Action?

Just as with wrongful death claims, the personal representative of the victim’s estate typically files a survival action. The action occurs on behalf of the estate itself, with any damages awarded going directly to the estate rather than to individual family members or beneficiaries.

In both types of lawsuits, seeking experienced legal counsel is crucial to ensure correct and timely handling of all aspects of the claim. The attorneys at Lichtenstein Law Group PLC are thoroughly experienced in these intricate areas of law and stand ready to aggressively represent your interests. We provide the dedication and tenacity complex cases require, focusing on in-depth investigations, thorough research, and an undying commitment to justice. Let us help when so much is at stake.

How Is the Money from a Wrongful Death Suit Distributed?

In a successful wrongful death suit, the court awards damages to compensate for the losses the victim’s family experienced as a result of the untimely death. This compensation is usually distributed according to Virginia law, primarily to the surviving spouse, children, or grandchildren. If there are none, the compensation may go to the parents, siblings, or other relatives who were dependent on the victim.

The wrongful death damages could include:

• Compensation for medical expenses related to the victim’s final illness or injury
• Funeral and burial expenses
• Loss of income and services
• Loss of companionship
• Emotional pain and suffering of the surviving family members

How Is the Money from a Survival Action Distributed?

In contrast, the damages awarded in a survival action go directly to the victim’s estate. These damages can include compensation for the victim’s:

• Medical expenses
• Lost wages
• The victim’s pain and suffering from the time of injury until death
• The victim’s mental distress from the time of injury until death

Once in the estate, these funds are distributed according to the victim’s will. If no valid will exists, Virginia’s intestacy laws will determine how the compensation is distributed.

What Is the Statute of Limitations for Filing a Wrongful Death or Survival Action Lawsuit?

In Virginia, the statute of limitations for both wrongful death and survival actions generally allows lawsuit filings up to two years from the date of the victim’s death. It is crucial to stick to this timeline, as failing to file a lawsuit within this period usually means the court will dismiss the claim without a hearing. However, there are exceptions to this rule. An experienced attorney can help you understand if any apply to your situation.

Contact a Roanoke Wrongful Death Lawyer

The aftermath of a loved one’s death can be overwhelming, especially when it results from someone else’s negligence or wrongful act. While no amount of money can truly compensate for your loss, the compensation from a wrongful death or survival action lawsuit can help provide the financial stability you need during this challenging time.

At Lichtenstein Law Group PLC, we understand the challenges and sensitivities involved in wrongful death and survival action cases. Our skilled attorneys are dedicated to fighting for justice for our clients. We go beyond the typical lawyer-client relationship by providing our undivided attention to your claim. We’re committed to working tirelessly to achieve a successful verdict or settlement.

We are renowned as one of Virginia’s top litigation law firms, with a reputation built on almost a century of combined legal experience. Our work in this area isn’t just our profession – it is our passion.

If you are facing the prospect of filing a wrongful death or survival action lawsuit, you do not need to go through this challenging legal battle alone. Call Lichtenstein Law Group PLC today or contact us online for a free consultation to learn how we can help you.