After the death of a loved one caused by someone else’s careless actions, it is understandable that you may not know what to do next. Losing a loved one in a fatal accident is an overwhelming and emotional time. Adding to the confusion is the fact that you may have grounds to bring two different but related types of claims: a wrongful death action and a survival action.
Here is the basic outline of what you need to know about the similarities and differences in these claims, as well as how our lawyers can help you pursue them and seek justice for your loved one’s untimely death.
What Are the Main Differences Between a Wrongful Death Action and a Survival Action
The biggest difference between wrongful death and survival actions is what the two types of civil actions are meant to accomplish.
A wrongful death suit seeks compensation for the surviving family members for their losses associated with the death of their loved one. Wrongful death damages may include the household services their loved one performed, the love, guidance, and affection their loved one provided, and the income their loved one earned for their family. Funeral and burial expenses are also common wrongful death damages.
A survival action is a legal claim seeking compensation for losses the deceased suffered before their untimely death. It is essentially the personal injury claim the deceased could have filed if they had survived their injuries. Damages awarded in a survival action could include medical bills incurred before death, as well as the mental anguish and suffering endured before the deceased person’s death.
Both types of cases are typically filed by the deceased’s representative or administrator of the deceased person’s estate. However, the money in a successful wrongful death or survival action is typically paid to beneficiaries, such as the deceased person’s surviving spouse, children, parents, or other heirs.
When to File a Survival Action Claim in South Carolina
If your loved one died before they had a chance to file a lawsuit against the party at fault for their injuries, their representative can file suit on their behalf within the three-year deadline established by state law. Any compensation recovered through a survival action goes to their estate, from which it is distributed to their heirs.
When to File a Wrongful Death Case in South Carolina
If someone else’s wrongful actions led to your loved one’s death, and you are among the eligible parties as established by state law, you may pursue a wrongful death claim within three years of the date of your loved one’s passing.
Can You File for Both Wrongful Death and Survival Actions in SC?
Wrongful death and survival action lawsuits are not mutually exclusive. You can file both for the same event, as they seek compensation for different losses. In many cases, both types of lawsuits are filed simultaneously.
Contact Our Experienced South Carolina Wrongful Death Claims and Survival Claims Lawyers
If you lost a loved one due to someone else’s negligent actions in South Carolina, contact Jebaily Law Firm for a free consultation with an experienced and compassionate lawyer. We’ll advise you on the types of lawsuits you can file and the compensation you can seek for your family member’s death. Then we will walk you through the legal process so you know what to expect in a wrongful death lawsuit and a survival action.
