A wrongful death claim is brought by the surviving family members of the decedent. These surviving family members may include a spouse, children, parents, or other relatives who were financially dependent on the deceased. The damages awarded under a wrongful death claim are usually in the form of lost support for the decedent’s family. The surviving family members may also seek interest from the date of the decedent’s death. For assistance with your litigation, visit https://dozierlaw.com/attorneys/personal-injury-attorneys-atlanta today.
A wrongful death claim can be filed by the beneficiaries of a deceased person. The benefits awarded under a wrongful death claim do not pass through the estate but go directly to the beneficiaries. A surviving action is a personal injury claim that survives the deceased. In a survival action, the personal representative of an estate continues the wrongful death claim. The estate of the deceased may also bring a supplemental statutory estate claim.
The main difference between a wrongful death claim and a wrongful death estate claim is that a monetary award for a wrongful death case will focus on the family’s losses. This is similar to a personal injury claim in which the injured party files a lawsuit based on negligence. In a surviving family member’s pending estate, the surviving family members will be compensated for the deceased’s suffering, medical expenses, and loss of companionship.
A wrongful death estate claim is a monetary award made to the estate of the deceased. A survival action will be filed by the estate if the death occurred due to another person’s negligence or wrongful act. A wrongful death estate action involves a jury determining whether the defendant owed a duty of care and negligence. A plaintiff must be able to convince a jury that their version of events is at least 50% true.
A wrongful death lawsuit would be brought by the surviving family members of the deceased person. An estate claim would be brought by the surviving family members. A survival action is filed by the personal representative of the estate. The proceeds of a wrongful death lawsuit would be distributed to the heirs or beneficiaries of the estate. However, a wrongful death lawsuit is governed by statute. A wrongful death case can include a nominal monetary award to the surviving family.
In the event of wrongful death, the surviving spouse or children of the deceased can bring a wrongful death action. While the surviving family members of the deceased can bring a wrongful severance action on behalf of the surviving spouse or children, the surviving estate can also bring a severance action. A wrongful death case is more expensive to file and can involve many more legal fees.