What is a survivorship action?

A survivorship action, in the context of Virginia wrongful death law, is a legal claim filed on behalf of a deceased person’s surviving family members. This type of action is filed when the deceased person would have had grounds for a legal claim, had they still been alive. Survivorship actions can be brought for any type of legal claim the deceased person may have had, including medical malpractice, negligence, defective products, and more. The purpose of a survivorship action is to ensure the deceased person’s surviving family members are still able to receive compensation for the emotional and financial losses they have suffered due to the wrongful death. In Virginia, the surviving family members are typically entitled to damages such as funeral and burial expenses, emotional distress, loss of future income, education, and companionship, and any medical expenses that were incurred before the deceased person’s death. In Virginia, as in most other states, any legal claim brought under a survivorship action must be filed within two years of the date of the deceased person’s death. It is important for surviving family members to speak to a wrongful death attorney soon after the death of a loved one, as the clock starts ticking on the two-year time limit for filing a survivorship action.

Related FAQs

What are the procedural requirements of a wrongful death suit?
Are wrongful death suits impacted by state law?
What is the difference between a wrongful death lawsuit and a negligence lawsuit?
Are there other kinds of legal action that may be brought in a wrongful death case?
What is wrongful death by negligence?
Is a wrongful death lawsuit the same as a civil lawsuit?
What happens if the defendant in a wrongful death case does not have sufficient insurance coverage to cover the damages?
How does a wrongful death lawsuit affect the estate of the deceased?
What constitutes wrongful death?
How long do I have to file a wrongful death claim?

What is a survivorship action?

Related FAQs

Related Blog Posts