Wrongful Death vs. Survival Action: What’s the Difference and Why It Matters

Losing a loved one due to someone else’s negligence is a heartbreaking experience. Along with the emotional toll, families often face unexpected financial burdens. If you’re in this difficult situation, understanding your legal options can help you find a path forward. In Kansas, two main legal claims can help families seek justice: wrongful death claims and survival actions. Knowing how these claims differ can empower you to make informed decisions.

The Fight for Justice: What Happens After a Tragic Loss

When a loved one’s life is cut short due to negligence, families are left searching for answers. You might be wondering: Who is responsible? What legal steps should you take? How can you ensure financial stability for your family?

That’s where wrongful death claims and survival actions come in. These legal avenues serve different purposes but work together to hold the negligent party accountable and provide compensation to the affected family. Let’s explore what each claim means and how they can help.

Wrongful Death Claims: Seeking Justice for Your Family

A wrongful death claim is designed to compensate the surviving family members for their personal losses due to their loved one’s passing. This claim recognizes the emotional and financial impact of the loss on the family.

In Kansas, wrongful death claims can be filed by spouses, children, parents, and other dependents or heirs. Compensation may include:

• Medical bills related to the deceased’s injury
• Funeral and burial costs
• Loss of financial support
• Emotional distress and mental anguish
• Loss of companionship, care, and guidance

If you’re considering a wrongful death claim, speaking with an experienced wrongful death attorney can help you navigate the legal process. A skilled Overland Park wrongful death lawyer will fight for your rights and help you pursue the compensation you deserve.

Survival Actions: Fighting for the Rights of the Deceased

While wrongful death claims focus on the family’s losses, survival action is about the rights of the deceased. This type of claim allows the deceased person’s estate to recover damages they would have been entitled to if they had survived.

Compensation in a survival action can cover the following:

• Medical expenses incurred before death
• Pain and suffering endured by the deceased
• Lost wages from the time of injury until death

Unlike wrongful death claims, survival actions do not compensate family members for grief or emotional distress. Instead, they ensure that the responsible party is held accountable for the pain and suffering the deceased experienced before passing away.

Key Differences Between Wrongful Death and Survival Actions

Understanding the distinctions between these two legal claims is crucial.

• A wrongful death claim is filed by the surviving family members and is meant to compensate them for their emotional and financial losses.
• A survival action is filed by the deceased’s estate and seeks compensation for damages the deceased would have been able to claim had they survived, such as medical bills, pain and suffering, and lost wages.

Since both claims serve different purposes, they can often be pursued together to ensure full justice and maximum compensation. Consulting with a personal injury lawyer in Overland Park can help you determine the best approach for your case.

Get the Legal Help You Need

Losing a loved one is devastating, and dealing with legal matters during such an emotional time can feel overwhelming. Whether you’re considering a wrongful death claim, a survival action, or both, having a compassionate and experienced legal team by your side can make all the difference.

A dedicated wrongful death attorney in Overland Park will guide you through every step of the process, helping you seek justice and financial relief. Don’t face this journey alone.

Schedule a free consultation today—contact us at 913-432-1000.