What is a Survival Action?

Losing a loved one due to someone else’s negligence or misconduct can be a deeply painful and confusing time. The Columbus personal injury attorneys at Soroka & Associates, PLLC want to help you understand the options available to you in these difficult circumstances, including survival actions and wrongful death claims. These two legal actions can be essential in ensuring that you and your family receive the compensation and justice you deserve after a tragedy in your life.

A survival action allows the estate of a deceased person to pursue legal claims the individual could have pursued if they had survived. In other words, it’s a continuation of the personal injury claim that the deceased would have had if they were still alive. The key difference is that the claim is brought by the estate of the deceased person rather than by the individual.

Survival actions offer families who have lost loved ones an opportunity to hold the person responsible for that loss accountable for the harm they caused. These claims are ones that an injured person would bring for themselves if they had survived. Since the accident or error resulted in a tragic death instead, the right to file a claim becomes that of the deceased person’s family. The estate can seek compensation for the pain and suffering the deceased endured before their death, as well as for medical expenses, lost wages, and other damages that accrued between the time of the injury and the time of death.

Such cases may involve a car accident that caused serious injuries to a victim that ultimately proved fatal, although not immediately. In this case, a survival action could allow their family to recover the damages the victim would have been entitled to if they had lived.

How is a survival action used with a wrongful death claim?

While a survival action is focused on the damages suffered by the deceased person before their death, a wrongful death claim compensates surviving family members for their losses due to the death. Ohio law allows families to file both of these claims together so that they can address both types of harm.

Wrongful death claim

The personal representative of the deceased estate files a wrongful death claim on behalf of the surviving family members. The goal is to compensate for the family’s direct losses, such as:

• Loss of financial support: If the deceased person was the primary breadwinner, the family may be entitled to compensation for the loss of income and financial support they would have received from the deceased.
• Loss of companionship: The family may be entitled to compensation for the loss of love, guidance, and emotional support.
• Funeral and burial expenses: This recovers the costs of services.
• Emotional distress: This is compensation for the psychological impact of the loss.

Survival action

A survival action focuses on a slightly different type of loss. These claims seek damages the deceased person could have recovered if they had survived, such as:

• Pain and suffering: The deceased’s estate can seek compensation for the pain and suffering the deceased endured before their death.
• Medical expenses: The estate can recover the costs of medical treatment that the deceased received before they passed away.
• Lost wages: The estate can seek compensation for any wages the deceased lost due to their injury before their death.

Filing both claims

In many cases, families should file a survival action and a wrongful death claim to secure full compensation because these are separate legal actions that cover different damages.

For example, suppose a father is involved in a serious car accident and dies several days later due to his injuries. A survival action would recover damages for his medical expenses and the pain and suffering that he endured before death. Meanwhile, a wrongful death claim would compensate his family for lost income, emotional distress, and funeral costs. The damages may cover expenses like housing or schooling that he would have provided for his children had he lived.

Is it necessary to file both a survival action and a wrongful death claim?

While it’s not necessary to file both a survival action and a wrongful death claim, it is often the best way to seek full compensation. Families suffer a tremendous loss when a loved one dies in a tragic accident, and while no sum can make up for that loss, it can remove some of the financial burden, which can make it easier for the family to move on.

Pursuing both claims also provides families more opportunities to hold the wrongdoer responsible for the harm caused to both the deceased and surviving family members. This can provide a sense of justice and closure for grieving family members while also helping to deter others from dangerous or careless acts in the future.

Things you need to consider

Here in Ohio, the laws governing survival actions and wrongful death claims are complex, and there are several important legal considerations to keep in mind.

Statute of limitations

Both survival actions and wrongful death claims are subject to statutes of limitations, which are deadlines for filing a lawsuit. In Ohio, the statute of limitations for both types of claims is generally two years from the date of death. However, there may be exceptions or additional considerations depending on the specifics of the case, so it’s important to consult with our experienced attorneys as soon as possible to ensure that your claims are filed within the required timeframe.

Distribution of damages

The damages recovered from a survival action are typically distributed to the deceased person’s estate and are subject to the terms of the deceased person’s will or Ohio’s laws of intestate succession if there is no will. In contrast, the damages recovered from a wrongful death claim are distributed directly to the surviving family members, such as the spouse, children, or parents of the deceased.

Proving damages

To succeed in both a survival action and a wrongful death claim, it’s important to present a strong case that demonstrates the full extent of the damages suffered. This may involve gathering medical records, financial documents, and expert testimony to support your claims. The experienced personal injury attorneys at Soroka & Associates, LLC can help guide you through this process and ensure that your case is presented effectively.

If you’ve lost a loved one due to someone else’s negligence, it’s important to understand all your legal options, including filing both a survival action and a wrongful death claim. Contact the Columbus personal injury attorneys at Soroka & Associates, LLC today for a free consultation. We’ll guide you through the process, help you understand your rights, and fight to secure the full compensation your family deserves during this tragic time. Call our offices or submit our contact form to secure the legal support and guidance you deserve today at a free consultation. We happily serve clients throughout Central Ohio.