What is the difference between a wrongful death claim and a survival action?

Wrongful death and survival actions are two types of lawsuits in Virginia, but there are some key differences between them. A wrongful death claim is a lawsuit that is brought by the family of a deceased person against whoever is thought to be responsible for the person’s death. This type of claim is usually brought in order to seek financial compensation for the surviving family members. A survival action is different in that it is brought on behalf of the deceased person’s estate by a representative, such as an administrator or executor. This type of lawsuit is intended to provide compensation for medical bills, funeral expenses, and other costs incurred as a result of the person’s death. Furthermore, this type of action may also provide compensation for the pain and suffering that the deceased experienced in the days or hours leading up to their death. A wrongful death claim is meant to compensate surviving family members for the loss of support, affection, and companionship that the deceased provided, while a survival action is meant to provide financial compensation for any costs incurred as a result of the death. The remedies sought in each type of claim are different, as a wrongful death claim seeks to compensate for the intangible loss of a loved one, while a survival action is meant to provide financial restitution for tangible matters such as medical bills and other expenses.

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