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wrongful death vs survival action

Losing a loved one in an accident is a tragedy beyond comparison.

However, when the accident that claimed your loved one’s life was preventable, resulting from another’s negligence, it adds to a family’s sorrow and frustration.

New York law provides two different mechanisms for holding negligent parties responsible after a personal injury accident resulting in death: wrongful death claims and survival actions.

Grieving families need to understand the difference between these lawsuits.

At the Law Offices of Theodore A. Naima, we proudly represent families in both wrongful death cases and survival actions, helping them obtain meaningful compensation for their losses.

The Difference Between a Wrongful Death and Survival Action

Wrongful death and survival lawsuits are two different ways to hold a negligent party accountable for the death of an accident victim.

Both types of cases can lead to a family recovering significant financial compensation for their loss.

The main differences between a wrongful death and survival action involve who files the case, the damages that are available, and to whom the damages are payable.

Wrongful Death Cases

A wrongful death case is a personal injury lawsuit filed by the personal representative of the deceased accident victim’s estate.

A wrongful death claim aims to compensate the victim’s family for the financial losses resulting from their loved one’s death.

Some of the damages available in a New York wrongful death claim include:

  • Funeral expenses,
  • Lost income, and
  • The value of lost companionship.

Damages from a wrongful death claim are generally payable directly to the accident victim’s surviving family members.

Survival Lawsuits

Survival claims are also a type of personal injury lawsuit. But these cases are filed on behalf of the deceased accident victim.

Survival actions provide the estate of the deceased with compensation for both the medical expenses and the pain and suffering the victim endured before their death.

Thus, survival lawsuits are generally appropriate when the victim did not immediately die after the accident.

Damages recovered from a successful survival action go to the victim’s estate. The recovered damages will pass on to heirs and beneficiaries through the probate process.

Reach Out to a Compassionate Long Island Personal Injury Attorney to Schedule a Free Consultation

If you recently lost a loved one in a tragic accident, the Law Offices of Theodore A. Naima is here to help.

Attorney Ted Naima has more than 25 years of experience helping accident victims and their families recover the compensation they need and deserve after life-changing accidents.

He also provides free consultations to all prospective clients, where he will answer your questions and give you an honest assessment of your case.

To learn more and to schedule a free consultation, call the Law Offices of Theodore A. Naima at 516-908-9940 or contact us online today.

You can also reach Attorney Naima through the firm’s online contact form. Calling is free, and you will not receive a bill for any legal services unless you recover damages.

The information provided on this page speaks in general terms. Of course, there are often exceptions that apply in certain situations.

For a complete list of all exceptions, please consult the Consolidated Laws of New York.

Mr. Naima is also happy to answer any questions you have about your injuries or ability to pursue a claim against the responsible party.

Author Photo

Theodore A. Naima

Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.

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