Understanding Two Types of Claims After a Fatal Accident

When someone dies because of negligence, there may be two different types of legal claims available.

These are:

  • wrongful death claims
  • survival actions

Although they are related, they address different types of losses.

What Is a Wrongful Death Claim?

A wrongful death claim focuses on the losses experienced by surviving family members.

These damages may include:

  • lost financial support
  • loss of companionship
  • loss of life experiences

These claims seek compensation for the full value of the life of the deceased.

What Is a Survival Action?

A survival action focuses on damages experienced by the deceased person before death.

These damages may include:

  • medical bills
  • pain and suffering before death
  • funeral expenses

Any compensation recovered becomes part of the estate.

Why Both Claims May Be Filed

In many cases, both claims are filed together.

This allows families to seek compensation for:

  • the losses suffered by the family
  • the suffering experienced by the deceased

Learn More About Wrongful Death Claims

To learn more about how wrongful death lawsuits work in Georgia, visit the Atlanta Wrongful Death Attorneys page for more information.