What’s the Difference Between Wrongful Death and Survival Actions in Georgia?

If Your Loved One Died Due to Negligence, a Wrongful Death Attorney Can Help

Losing a loved one or witnessing their suffering due to someone else’s negligence is a heartbreaking ordeal that no family should face. In these moments, the legal system provides a way to seek justice and accountability.

For families in Georgia, a wrongful death lawyer plays an important role in choosing between two key legal avenues: wrongful death actions and survival actions.

Both options address the harm caused, serving distinct purposes and involving different types of damages, ensuring families can secure the compensation needed to rebuild after such a traumatic experience.

Definition and Comparison of Wrongful Death and Survival Actions

Wrongful death and survival actions differ in both purpose and timing. A wrongful death lawsuit seeks compensation for the losses experienced by a victim’s family after their death. In contrast, a survival action focuses on the damages the victim would have been entitled to if they had survived their injuries. Key differences include the following:

• Wrongful death claims are filed by family members to recover losses like financial support, companionship, and emotional suffering caused by their loved one’s death.
• Survival actions are initiated to recover damages for the victim’s suffering and expenses before death, such as medical bills and pain.
• Timing Matters: Survival actions can be filed while the victim is still alive, whereas wrongful death claims are only filed after death.

These distinctions are important when deciding which legal route to pursue. Consulting an experienced Atlanta wrongful death attorney can clarify which type of action applies to a situation and help protect a family’s rights.

Eligibility and Legal Requirements in Georgia

Understanding who can file a wrongful death claim or survival action in Georgia is critical to pursuing justice. Each type of case has specific eligibility criteria based on the relationship to the victim and the circumstances of the incident.

For wrongful death claims, the following individuals are eligible to file:

• The victim’s spouse, who may also act on behalf of minor children.
• The victim’s children, if no spouse is available to file.
• The victim’s parents, if the deceased had no spouse or children.
• The victim’s estate representative, who can bring the claim on behalf of the estate if no immediate family is available.

For survival actions, the eligibility extends to:

• The victim while they are still alive and able to file a claim for their injuries.
• The victim’s estate, if the victim passes away during the legal process, ensuring the claim continues and any compensation is distributed according to the estate’s terms.

Both wrongful death lawsuits and survival actions must be filed within two years of the incident or death in Georgia. Consulting a knowledgeable attorney ensures that all filing deadlines are met and that a claim is properly handled.

Types of Damages Available in Wrongful Death and Survival Actions

Both wrongful death and survival actions allow victims and their families to seek compensation for their losses, but the types of damages differ. In wrongful death claims, families can pursue economic damages, such as lost income and benefits, as well as non-economic damages for emotional loss and companionship. These claims focus on the impact of the death on the surviving family members’ lives.

Survival actions, on the other hand, address the victim’s suffering and expenses before their death. Compensation may include medical bills, funeral and burial costs, and damages for the pain and suffering the victim endured. These damages are paid to the victim’s estate and distributed according to the will or state inheritance laws.

Determining the full scope of damages requires thorough evaluation. A wrongful death lawyer can assess both immediate and long-term losses to ensure a claim accounts for everything a family has endured.

When to File Each Type of Lawsuit

The decision of when to file a wrongful death or survival action depends on the specifics of the victim’s injuries and passing. Acting promptly is important, as it ensures all rights are preserved, and evidence is collected while still fresh.

File a wrongful death claim if:

• The victim has already passed away as a direct result of someone else’s negligence.
• A family is seeking compensation for economic losses, such as income and benefits, and non-economic damages, like companionship and emotional support.
• The two-year statute of limitations from the date of death has not yet expired.

File a survival action if:

• The victim is still alive but has suffered catastrophic injuries due to negligence.
• The family needs to recover compensation for the victim’s medical expenses, pain and suffering, or lost wages prior to death.
• The victim is likely to pass away from their injuries, allowing the claim to transition to their estate if needed.

Making the right decision about which type of claim to file often requires careful legal analysis. An experienced attorney can guide families through the process, ensuring they take the appropriate legal action at the right time.

Navigating the Litigation Process

The legal process for wrongful death and survival actions in Georgia involves distinct steps, and while the two types of claims share similarities, there are key differences. Understanding what to expect in each case highlights the importance of having a dedicated legal team to guide families through the complexities. Here’s how the process typically unfolds and how wrongful death and survival actions differ:

• Filing the Claim: Both types of claims require filing a lawsuit within Georgia’s two-year statute of limitations. A wrongful death claim is initiated by eligible family members, such as a spouse or child, while a survival action is often filed on behalf of the victim’s estate if the victim has passed.
• Gathering Evidence: In both cases, evidence such as accident reports, medical records, and witness statements is essential. Survival actions also require documentation of the victim’s suffering and medical expenses prior to their death, whereas wrongful death claims focus on the family’s losses, such as financial support and companionship.
• Negotiating Settlements: Insurance companies often present settlement offers in both types of claims. Wrongful death settlements aim to compensate the family for their loss, while survival action settlements address the victim’s pain, suffering, and expenses before their death. A skilled attorney ensures the offer fully accounts for all damages, negotiating aggressively if necessary.
• Transitioning Claims: Survival actions are unique in that they may transition into wrongful death claims if the victim passes away during litigation. In such cases, the claim becomes part of the victim’s estate, and additional damages may be pursued for the family’s losses.
• Going to Trial: If a fair settlement cannot be reached, both types of claims may proceed to court. At trial, the attorney presents evidence to establish negligence and demonstrate the impact of the loss on the family or the victim’s suffering before death. The focus in wrongful death cases is on the family’s future, while survival actions highlight the victim’s experience before passing.

Consultation and Evaluation of Damages

Calculating damages in wrongful death and survival action cases requires a clear understanding of how these claims differ and how they can complement one another. While both types of actions seek compensation for the harm caused, the focus and types of damages available in each case are distinct. Importantly, families can pursue both a wrongful death claim and a survival action simultaneously, ensuring that all losses are addressed.

In a wrongful death action, compensation is focused on the losses experienced by the family after their loved one’s death. This includes:

• Economic damages, such as lost income, benefits, and financial support the deceased would have provided.
• Non-economic damages for loss of companionship, emotional support, and the intangible void left by the death.

In contrast, a survival action seeks compensation for the victim’s losses before death, addressing the harm they personally endured. These damages can include:

• Medical bills for treatments received before passing.
• Pain and suffering the victim experienced before their death.
• Funeral and burial expenses.

Pursuing both claims ensures a comprehensive recovery, addressing not only the family’s future needs but also the victim’s suffering and expenses. However, calculating these damages is complex, as it requires assessing immediate and long-term costs and presenting a clear case to insurers or the court. Without proper legal representation, families risk missing critical opportunities to secure the full compensation they deserve.

Starting a Survival Action or Wrongful Death Lawsuit

Wrongful death and survival actions in Georgia provide a path to justice for families seeking accountability and compensation after devastating losses. These cases can be legally and emotionally complex, but the right legal support ensures the process is manageable and justice is within reach.

At the Law Offices of Gary Martin Hays & Associates, P.C., based in Atlanta, we have recovered over $1 billion for Georgia families. Our experienced team is dedicated to helping families handle these challenging times and secure the compensation needed to move forward. Contact us today for a free consultation, and take the first step toward protecting your family’s future.

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