If the victim died due to injuries sustained in the accident for which the claim was filed, the family of the decedent may file a wrongful death claim. The decedent’s family may also file a survival action to recover the damages the injury victim suffered while he or she was alive.
However, if the individual died from something unrelated to the injuries suffered in the accident, then a survival claim may be a better course of action.
The length of time the injured victim lived after the accident may determine whether your attorney recommends seeking actions from both a survival and wrongful death claim.