Losing a loved one can often pose great challenges to the lives of victims and their families. Oftentimes, individuals are unaware of the steps to take when holding the proper parties responsible for an accident that ultimately caused the death of a loved one. It is important to note that negligence or misconduct can lead to these traumatic events, leaving victims feeling fearful of their futures. Understanding the safety precautions to take to receive justice for the damage caused can allow individuals dealing with death to feel supported and cared for.
Understanding the Purpose of Civil Claims After a Loss
Civil claims are put into place to address the impact of the loss that occurs when a person passes away due to the following.
- Medical issue
- Accident
- Another incident nvolving potential fault
In addition, losses are often experienced by surviving family members or the individual themself before they passed away. As a result, the California legal system authorizes two types of claims to be made that reflect those specific kinds of losses.
1. Wrongful Death Claims: Focused on the Family’s Loss
Wrongful death claims are usually brought by close family members, who may include the following individuals.
- Spouses
- Children or
- Other eligible members of the victim's family
These claims may address funeral and burial-related expenses, emotional relational impact, loss of companionship, or the loss of financial support the individual would have provided before their death.
2. Survival Actions: Focused on the Individual’s Experience
A survival action is a separate legal claim that focuses on what the deceased individual experienced between the time of injury and their passing, ultimately addressing the harm suffered by the individual themself.
What This Type of Claim May Address
A survival action may involve:
- Medical expenses related to the injury
- Lost wages between injury and death
- Pain and suffering experienced before passing
- Other financial losses incurred during that period
Key Differences Between the Two Claims
Although both types of claims may arise from the same event, they serve different purposes and benefit different parties.
Wrongful Death Claim
- Focuses on the family’s losses
- Filed by family members
- Addresses future financial and emotional impact
Survival Action
- Focuses on the individual’s losses before death
- Filed by the estate’s representative
- Addresses medical expenses, lost wages, and pain experienced before the individual's passing
The most important distinction is who the claim is meant to support: the family or the estate.
Can Both Claims Be Pursued Together?
In many instances, both types of claims may be pursued together as they each address different components of the same accident.
- One claim may focus on the financial and emotional impact experienced by the family
- Another claim may focus on and address the physical and financial harm experienced by the individual before their death.
Understanding the differences between these claims can allow individuals to receive maximum compensation and justice for the harm caused as a result of the accident. Victims may consider consulting a legal professional who can help them understand their rights when pursuing a wrongful death claim and determining which path may be most beneficial to their specific case.
Situations Where These Claims May Arise
The following are legal pathways that may be considered in a range of situations, including, but not limited to:
- Motor vehicle accidents
- Medical-related incidents
- Workplace incidents
- Defective product cases
- Other situations involving alleged negligence or wrongdoing
Every case is different, so speaking to a legal professional may help victims understand the specific steps they may need to take to work towards recovery.
Important Considerations for Families
Timing
There are legal deadlines, often referred to as statutes of limitations, that apply to these claims. These deadlines differ depending on the state and the nature of the claim.
Documentation and Evidence
Medical records, accident reports, witness statements, and other documentation can play a crucial role in understanding what happened and determining whether a claim may be appropriate.
Emotional Readiness
Pursuing a legal claim is a personal decision. Some families may choose to explore their options immediately, while others may take time before considering next steps.
How Legal Guidance May Help
Seeking legal guidance after suffering the death of a loved one can help victims and their families receive the necessary care and support they need to get back on the road to recovery. A legal professional can help evaluate their case, maintain necessary evidence, and help determine potentially liable parties. An attorney may also gather relevant information that may be useful to investigators in the future.
How KAASS LAW Can Help
KAASS LAW is determined to help families receive justice for the death of a loved one. Our experienced personal injury attorneys can guide clients through the complexities of their case and ensure they understand their rights moving forward. If you have suffered the death of a loved one, call KAASS LAW today to discuss your case.