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What’s The Difference Between Wrongful Death And Survival Actions?

When a family member dies in a tragic accident, this has a major, sudden impact on your family.

The death of a parent or caregiver has an emotional and financial impact on the family’s stability. The question is, how do you gain access to your legal rights to compensation for your loss and emotional pain? A wrongful death attorney may be able to help you.

A wrongful death attorney can help your family sort through this process.

They have the knowledge it takes to understand this process. However, do you file a wrongful death claim or survival action case? 

Let’s sort the difference between the two situations:

  1. Who can receive the compensation?

In the wrongful death suit, the immediate family can only receive compensation. These usually are the parents, spouse, or children.

  1. Survival actions go to an estate

The compensation can be filed with survival actions before the death by the victim’s estate or a legal representative. This can be done for a drunk driving accident victim, who dies a month after the accident. The survival action case could be filed while the victim was alive.

  1. States determine pre-death and post-death claims

States determine what damages can be claimed, such as future loss of income, mental anguish, and loss of enjoyment of life, due to the person’s death. Some states only allow survival actions to claim pre-death claims and only post-death issues for wrongful death claims.

Locating an expert wrongful death attorney is key in sorting out these challenges and issues. It’s wise to have the right legal representation to work with your family.

Finding The Right Wrongful Death Attorney

If you live in the Utah area and need a wrongful death attorney, Robert J. DeBry & Associates will advocate for appropriate compensation for your loved one’s death. Our attorneys will work with the state and insurance companies for your rights and support for your family.

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