The Difference between a Survival Action and a Wrongful Death Action

Wrongful death cases are perhaps one of the most devastating personal injury cases. Losing a loved one is never easy, and no amount of monetary compensation can ever cover that. However, it can provide some sense of justice. 

If you have lost your loved one in a wrongful death case, you must be going through one of the toughest times of your life. You may be angry at the other party for being negligent. However, as difficult as it can be, it is important to stay calm. If you need help, consult a personal injury lawyer in LA

Top questions related to wrongful death cases

  1. Which family members can receive compensation for a wrongful death case?

When your loved one dies in a wrongful death case, the surviving family members can receive compensation from the other party’s insurance company. However, not all members are eligible to receive these benefits except for a few. These include: 

  • Surviving spouse
  • Surviving children
  • Surviving parents
  • Surviving stepparent or stepchildren
  1. Should you file for workers’ comp or wrongful death in a workplace death case?

Workers’ comp in LA is there to protect employers from legal liability when a worker gets injured or dies in the workplace. If your loved one has died in the workplace, you can claim the benefits by filing a claim with the insurance company. However, if you file a case of wrongful death, you won’t be able to receive workers’ comp benefits. 

  1. How is wrongful death different from medical malpractice?

When a patient dies because of a doctor’s negligence or mistake, it can certainly be claimed as a case of medical malpractice or a wrongful death case. However, these two types of lawsuits are different in their own ways. While medical malpractice can be claimed in the case of medical care only, wrongful death can be claimed in a myriad of cases. 

A wrongful death case can be claimed whether the victim has died in medical malpractice, a car accident, or in their workplace. 

  1. When should you get a wrongful death lawyer?

When someone dies, their family members are often confused about where to turn to. They are not in the best state of mind and may not be able to think straight. This also makes them vulnerable to mistakes. It is important to hire a wrongful death attorney as soon as possible and initiate the claim. This person will know what to do and suggest you make the right choices. 

  1. Which damages are awarded in a wrongful death claim?

Various damages are awarded in a wrongful death claim, for example, medical expenses, lost wages, loss of enjoyment of life, pain, and suffering, etc. 

By Zigong