June 8, 2022

Are Survival Action Lawsuits the Same as Wrongful Death Claims?

When negligence is a factor that leads to someone’s death, the family may be able to file a wrongful death claim for compensation for the damages that were incurred after their loss. Depending on the situation, there is another lawsuit that may also apply after a negligent act takes the life of a loved one. Survival action lawsuits are those that would have been filed by the deceased if they did not lose their life. 

Families in Mississippi that have lost loved ones in incidents that resulted from negligence, may be able to secure compensation for the damages that loss of life caused them. For more information on personal injury, wrongful death, or survival action lawsuits, Bob Germany is a Jackson wrongful death attorney that can offer valuable legal advice to families who lost a loved one.

How are Survival Actions Different from Wrongful Death Suits?

, Are Survival Action Lawsuits the Same as Wrongful Death Claims?, Germany Law Firm PLLCThere are several situations that can produce death and involve negligence. Car accidents are some of the most common reasons for unexpected and unintentional death. Typically, the family of a loved one who died in a Mississippi car accident would pursue compensation through a wrongful death suit.

When a wrongful death suit is filed, the financial compensation is meant to recoup the losses that the family of the deceased had to endure. There are only certain parties that can file a wrongful death suit under Mississippi wrongful death laws. These include:

  • Spouse
  • Children
  • Parents
  • Siblings
  • The personal representative of the estate

A wrongful death suit can include payment for several damages including funeral expenses, lost financial support, loss of consortium, loss of mentorship, medical costs, and more.

By contrast, if a person was severely injured and survived for a short period of time before ultimately losing their life from those injuries, a survival action could be filed. In this case, only the personal representative of the deceased’s estate or another party that is named to inherit the deceased’s estate can file such a legal suit.

Survival actions have similar recoverable damages to personal injury suits. Damages could include:

  • Lost wages
  • Medical costs
  • Property damage

It can be challenging to even think of a legal suit after the death of a loved one. But family members left behind may be able to secure compensation for all of the financial losses they experienced after a deadly incident. Those damages can add up and be quite costly. The Jackson personal injury attorney at Germany Law Firm, PLLC can help grieving families by taking on the legal challenges that come with filing a suit on their behalf.

Speak with a Jackson Personal Injury Attorney Today

Bob Germany is a Jackson wrongful death lawyer who has more than 40 years of experience helping families secure the compensation they deserve after the loss of a loved one. The statute of limitations for filing a wrongful death suit in Mississippi is three years from the date the deadly event happened. Because of this time limitation, starting a suit sooner than later is recommended.

Call Germany Law Firm, PLLC today to schedule a free consultation at (601) 487-0555. 

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