The Difference Between Wrongful Death and Survival Action Claims
June 18, 2025
Losing a loved one in a tragic accident is one of the most heart-wrenching experiences anyone can endure. The emotional pain and sudden upheaval can feel unbearable, leaving families not only grieving but also facing financial uncertainty.
If your family has suffered such a loss, you might be wondering about the legal options available to seek justice and compensation. Two types of legal claims often come up in these situations: wrongful death and survival action claims.
While they may seem similar, they are designed to address different aspects of a loved one’s passing. Understanding the wrongful death vs survival action distinction can help your family make informed decisions during such a difficult time.
What Is a Wrongful Death Claim?
A wrongful death claim is filed to seek compensation for the loss experienced by the surviving family members of the deceased. This type of claim focuses on how the death has impacted those left behind and aims to provide financial relief for the burden they now carry because of someone else’s negligence or wrongdoing.
When pursuing a wrongful death lawsuit, the focus is on losses that directly affect the surviving spouse, children, parents, or anyone who depended on the deceased. Compensation in a wrongful death claim may cover:
- Lost income the deceased would have provided to the family.
- Funeral and burial expenses, which can create unexpected financial strain.
- Loss of companionship, guidance, or emotional support, which are invaluable parts of any family dynamic.
- Loss of services, such as childcare or household responsibilities, that the deceased used to provide.
The goal of a wrongful death claim is to alleviate the financial hardships and emotional damage caused by the sudden loss of your family member. While no amount of money can replace the person you’ve lost, this compensation can help create some stability as you begin to move forward.
What Is a Survival Action Claim?
Unlike wrongful death claims, survival action claims are not focused on the family’s losses but rather on the suffering and damages experienced by the deceased before their passing. This type of claim is essentially a way to continue the legal rights the deceased person would have had if they had survived the incident.
A survival action considers the pain, suffering, and financial damages your loved one endured from the time of the incident until their death. Compensation in a survival action claim may include:
- Medical expenses incurred before death due to the injury or accident.
- Lost wages for the period the deceased was unable to work before passing.
- Pain and suffering endured by the deceased in the moments or days before they passed away.
A survival action claim essentially ensures that accountability doesn’t end simply because someone’s life was cut short. By pursuing this type of claim, you’re advocating for the full extent of harm done to your loved one, honoring their pain, and demanding justice on their behalf.
Wrongful Death vs. Survival Action: Key Differences
Understanding the wrongful death lawsuit differences compared to survival action claims is critical when determining which legal path (or paths) to pursue. While they may seem similar, they serve distinct purposes and consider different groups of losses.
- Who the Claim Benefits
- A wrongful death claim is filed for the benefit of the surviving family members or dependents. It focuses on the impact the death has had on their lives.
- A survival action claim is filed on behalf of the deceased person’s estate. Any compensation is typically distributed among beneficiaries named in the will or determined by law.
- What Damages Are Addressed
- Wrongful death claims address damages suffered by the family, such as the loss of financial support, companionship, and services provided by the deceased.
- Survival action claims focus on the damages experienced by the deceased before their death, such as pain and suffering, medical bills, and lost income.
- The Timeframe Considered
- Wrongful death claims focus on the long-term impact of losing a loved one, starting from the moment of death and going forward.
- Survival action claims cover the period between the incident that caused the injury and the death of the individual.
- Eligibility to File the Claim
- For wrongful death claims, family members of the deceased, such as spouses, children, or parents, are typically eligible to file.
- For survival action claims, the estate executor or a legal representative of the deceased files the claim on behalf of the estate.
- Compensation Distribution
- Damages recovered in a wrongful death claim go directly to the family members who have suffered losses.
- Damages recovered in a survival action claim become part of the deceased’s estate and are distributed according to the will or state law.
When a preventable death occurs, justice should not only honor the life lost but also protect the survivors who are left to rebuild their lives in the aftermath. By pursuing a wrongful death claim, your family can find financial relief to cover the tangible and intangible ways your loved one’s death has affected you.
On the other hand, a survival action claim ensures that the hardships your loved one faced before their passing are not ignored and that those who caused their suffering are held accountable.
Finding the Support You Need
It can be challenging to know which claim is appropriate in your situation. Sometimes, families may pursue both wrongful death and survival action claims simultaneously, as these claims complement one another to address the full scope of a tragedy.
At Wapner Newman, we understand the pain and uncertainty that come with losing a loved one. Our experienced attorneys are here to guide you with care and support, helping you explore your legal options and pursue the justice your family deserves. Contact us today at (215) 569-0900 or through our online form for a free consultation, and allow us to take on the legal burden so you can focus on healing.