A wrongful death claim is filed in the event that an accidental or wrongful injury results in an injury victim’s death. Similar to a personal injury claim, this claim can seek to recover damages for the deceased’s financial losses prior to their death. This type of claim is often known as a “survival action” because it is brought forth by the surviving family members or representatives of the decedent’s estate.
Typical damages sought under a survival action include the costs of life-saving healthcare rendered immediately before the decedent’s death, as well as other financial losses they may have experienced during their accident.
Surviving family members can also take up a wrongful death claim seeking restitution for their own losses. These losses commonly include the income the loved one brought to the household as well as the intangible value of the loved one’s companionship and domestic assistance, particularly when minor children are left behind.
Through both types of actions, wrongful death claims seek to hold negligent parties accountable for their actions — and the irreversible consequences of those actions.