Wrongful death and survival action are remarkably similar types of lawsuits that seek legal action against an at-fault party when a loved one dies in a preventable accident. While a wrongful death suit allows relatives or loved ones of the deceased to file a lawsuit over the financial and emotional losses they’ve suffered, a survival action suit must be filed on behalf of the deceased person’s estate. A survival action suit can only claim financial reimbursement for the damages the deceased incurred between the accident and their time of death.
So, what else do you need to know about the differences between survival action suits and wrongful death claims? And can both of these claims be filed simultaneously? Let’s go over both topics in a bit more depth.
Defining Wrongful Death Suits
By law, a wrongful death is considered to be any type of accident (such as a car accident, medical malpractice, nursing home negligence, a pedestrian accident, a slip and fall, etc.) that results in a person’s death due to another’s careless, reckless, negligent, or intentional behavior. When a person passes away due to a wrongful death, their family members and loved ones have the ability to file a suit.
While a suit cannot bring back a loved one or punish the person responsible for their loved one’s death, it can compensate the aggrieved parties for their financial and emotional losses. Such losses typically include:
- Medical bills
- Lost wages
- Loss of financial support
- Loss of benefits
- Funeral Costs
- Loss of emotional support
- Property damage
- Repairs
- Pain and suffering
- Punitive damages (extra monetary compensation for wanton or reckless conduct such as drunk driving)
While state laws may vary, in South Carolina, a surviving spouse and children of the deceased are eligible to file a wrongful death suit. If the deceased party has neither, their parents are the next qualified parties to file a claim. Likewise, if their parents are deceased, anyone listed as an heir can file a wrongful death suit on behalf of the victim.
What is a Survival Action?
Instead of providing financial compensation to a person or surviving family member in the event of a loved one’s demise, a survival action suit offers financial reimbursement to an estate. Although this means that such money could ultimately be dispersed amongst the deceased’s heirs through inheritance or will, the goal is to essentially recover any financial losses the deceased experienced between their accident and when they died.
This means that in many incidents where the deceased died instantly, there is little money to reclaim in a survival action suit. Ultimately, this suit is only fruitful if the deceased experienced expensive medical care between their incident and death or a prolonged period of medical care before their death.
Much like a wrongful death suit, many of the same damages can still be pursued for compensation, such as medical bills, pain and suffering, and funeral expenses. However, these damages are filed on behalf of the deceased, as opposed to the survivors (like wrongful death suits are).
Typically, the person responsible for filing a survival action is the executor of the deceased person’s estate. Should they win their claim, any earnings will be distributed amongst the heirs to the estate and the estate itself to pay off any outstanding debts.
Can a Survival Action and a Wrongful Death Suit Be Filed at the Same Time?
The short answer is yes, and in fact, many wrongful death suits are often filed at the same time as survival action suits to recover any damages the deceased lost between their accident and death. Filed jointly, both types of claims make recovering any lost finances much more accessible.
Conclusion
Wrongful death and survival action lawsuits are the last things anyone wants to have to consider dealing with after the unexpected loss of a loved one. But medical bills, lost income, funeral expenses, and other costs can quickly pile up, making it necessary to take legal action in order to recover your lost expenses.
While wrongful death suits are primarily filed by the deceased’s immediate family, survival action suits are filed by an estate on behalf of the deceased to recover damages sustained between their accident and the time of death. Though different, both types of suits may be confusing, so it’s crucial to consult a legal professional who can help you understand what kind of suit is in your case’s best interest.
Additionally, a lawyer will ensure your case receives the utmost care and priority, helping you seek the maximum compensation that you need for losing your loved one. The sooner you consult with one, the stronger case you can mount against those at fault.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
