In this article, you will discover:
- The difference between a wrongful death lawsuit and a survival action in Illinois.
- How financial settlements differ in wrongful death and survival action lawsuits in Illinois.
- How to know whether to pursue a wrongful death or survival action case.
What Is The Difference Between A Wrongful Death Lawsuit And A Survival Action?
Both wrongful death lawsuits and survival actions happen when a person dies, and both cases allege that something negligent occurred that caused that person’s injury and death.
A survival action includes all the claims the deceased would have if they had survived. Those claims would include pain and suffering, loss of normal life, medical expenses and even lost wages if they were in the hospital before they passed away.
A wrongful death claim is one your family files for the loss of a family member, essentially for financial support, grief, and sorrow.
While there are sometimes case-specific reasons to file one instead of the other, wrongful death claims and survival actions are generally filed together.
How Do Financial Settlements Differ In Wrongful Death Vs. Survival Action Lawsuits?
In a wrongful death claim, the court determines the appropriate distribution. The proceeds are distributed to eligible surviving family members according to how dependent they were on the deceased.
Most importantly, wrongful death claims are not usually subject to the claims of creditors. If your loved one had debts, primarily medical debts, the wrongful death proceeds wouldn’t be subject to claims for those debts.
In contrast, a survival action claim is distributed into the estate of the deceased person, along with anything else that they owned, such as a car or a home.
Attorney Alexander Memmen is an experienced wrongful death attorney based in Chicago, IL, who has helped countless clients just like you navigate the intricacies of the law. With almost two decades of experience, he is prepared to assist you in pursuing the accountability, damages, and dignity your loved one deserves.
Do you have questions or are unsure of your family’s rights? Contact The Memmen Law Firm, LLC for an initial consultation today.
How Is Pain And Suffering Compensation Handled In Wrongful Death And Survival Action Cases?
Damages for pain and suffering help compensate for injuries sustained by the person who ultimately passed away. They come into play whether this person was alive for a few moments or for years after their injury.
If you are wondering whether you have a valid wrongful death or survival action claim, reach out to an attorney. They can advise you whether to pursue a claim based on the specific details of your family member’s case.
Are Wrongful Death And Survival Actions Ever Contested?
Unfortunately, wrongful death and survival actions are often contested. The defendant may argue that the person who passed away did not endure any pain and suffering, as they died instantly. They may also argue that they did not cause your loved one’s death to begin with, but that other factors contributed.
You should never try to handle the stress and complexity of a wrongful death claim alone. Allow an experienced attorney to review your case, gather evidence, and help you prove negligence. Your attorney will also help ensure that proceeds from a case that is won are distributed correctly.
Still Have Questions? Ready To Get Started?
For more information on wrongful death and survival actions in Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 210-7229 today.
Attorney Alexander Memmen is an experienced wrongful death attorney based in Chicago, IL, who has helped countless clients just like you navigate the intricacies of the law. With almost two decades of experience, he is prepared to assist you in pursuing the accountability, damages, and dignity your loved one deserves.
Do you have questions or are unsure of your family’s rights? Contact The Memmen Law Firm, LLC for an initial consultation today.
