When somebody is killed due to the unnecessary negligence of another person or business, there are two types of claims that can be brought: A wrongful death suit can be filed on behalf of the surviving spouse, children and parents. These immediate family members are entitled by law to bring a lawsuit seeking mental anguish and other damages suffered as a result of the death of their loved one. In the case of small children, this is often the only opportunity to provide for their future and make up for the loss of their parent. A “survival” actions can be brought on behalf of the deceased. Claims can also be brought on behalf of the estate of the deceased person for their conscious pain and suffering prior to their death along with medical and funeral expenses. These damages then go into their estate and are distributed by law under their will or to their surviving heirs — often the surviving spouse, children and parents.