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.
Wrongful Death Claim
Compensates the family- lost financial support
- loss of companionship
- loss of life experiences
Survival Action
Compensates the estate- medical bills
- pain and suffering before death
- funeral expenses
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
Which Claims Apply to Your Loss?
Georgia wrongful death and survival claims follow different rules and deadlines. At Morrison & Hughes we determine every claim your family can bring and pursue each one. The consultation is free, and there’s no fee unless we win.
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. You may also want to read about what damages are available in a Georgia wrongful death claim and who pays in a wrongful death lawsuit.
