The unexpected loss of a family member creates profound emotional and financial challenges that can feel insurmountable. When that loss stems from another party’s negligence or misconduct, understanding the available legal remedies becomes crucial for surviving family members seeking justice and compensation.
This guide examines two distinct legal claims available in wrongful death cases – wrongful death claims and survival actions – to help you comprehend your rights and options during this difficult time.
The key difference between these two types of claims lies in who they serve and what damages they cover. While a wrongful death claim focuses on compensating the deceased’s family members for their losses, a survival action allows the estate to pursue damages the deceased person could have claimed had they survived.
Understanding these distinctions is essential for making informed decisions about your legal path forward.
At the CEO Lawyer Personal Injury Law Firm, we understand how emotionally and financially devastating the loss of a loved one can be. If you’re in New York and grappling with terms like wrongful death and survival action, this FAQ is here to guide you.
Below, we’ve compiled answers to the most pressing questions about these legal claims to help you understand your rights and make informed decisions.
What Are Wrongful Death and Survival Actions?
Wrongful death claims are lawsuits filed on behalf of the surviving family members to recover damages caused by the untimely death of their loved one. These claims focus on the financial and emotional impact of the deceased’s absence on their family.
On the other hand, a survival action allows the estate of the deceased to seek damages for the pain, suffering, and financial losses that the deceased experienced before their death. This claim essentially “survives” the deceased person and compensates for the harm they endured before passing away.
Who Can File a Wrongful Death Claim or Survival Action in New York?
In New York, the eligibility to file these claims differs:
- Wrongful Death Claims: Only the personal representative of the deceased’s estate (as appointed by the court) can file this lawsuit. However, damages recovered are distributed to the deceased’s beneficiaries, such as a spouse, children, or parents.
- Survival Actions: Similarly, the personal representative of the estate files this claim, but the recovered damages become part of the estate and are distributed according to the deceased’s will or New York’s intestacy laws if no will exists.
What Types of Damages Can Be Recovered in Each Claim?
Wrongful Death Damages
- Funeral and burial expenses
- Loss of financial support the deceased would have provided
- Loss of parental guidance for children
- Loss of services (e.g., household tasks the deceased performed)
- Medical expenses incurred before death (if not included in the survival action)
Survival Action Damages
- Pain and suffering endured by the deceased before passing
- Medical bills related to the injury or illness
- Lost wages from the time of injury to death
- Property damage (if applicable)
What Is the Key Difference Between a Wrongful Death Claim and a Survival Action?
The primary difference in death claims is their focus:
- A wrongful death claim seeks compensation for the surviving family members and how they’ve been affected.
- A survival lawsuit focuses on the losses and suffering experienced by the deceased person before their death.
Think of a wrongful death claim as addressing the ripple effect of the person’s death on their family, while a survival action centers on the deceased’s own experiences and damages.
How Are These Claims Handled Under New York Law?
Under New York’s Estates, Powers, and Trusts Law (EPTL):
Wrongful death claims are governed by EPTL § 5-4.1 to 5-4.4. These laws define who can file, what damages are recoverable, and how the compensation is distributed.
Importantly, the law focuses on pecuniary (financial) losses rather than non-economic damages like grief or emotional distress. Courts often consider factors such as the deceased’s earning potential, age, and the financial dependence of the beneficiaries.
Survival actions are addressed under EPTL § 11-3.2(b), which allows the estate to recover damages the deceased could have claimed if they had survived. These claims are treated similarly to personal injury lawsuits, meaning the estate must provide evidence of the deceased’s pain, suffering, and financial losses prior to death.
Medical records, eyewitness testimony, and expert opinions often play a pivotal role in survival actions.
Both claims require meticulous legal handling to comply with procedural requirements and evidentiary standards. A skilled New York wrongful death attorney ensures that all filing deadlines are met and that the claims are robustly presented to maximize compensation.
How Are Damages Calculated in These Claims?
For wrongful death claims, damages are calculated based on:
- The deceased’s age, health, and earning capacity
- The financial and emotional dependency of the beneficiaries
- The cost of funeral and burial services
For survival actions, damages consider:
- The duration and severity of the deceased’s suffering
- The nature of their injuries or illness
- Documented medical expenses and lost earnings
Are There Time Limits for Filing These Claims in New York?
Yes. New York has strict statutes of limitations:
- Wrongful Death Claims: File within two years of the date of death.
- Survival Actions: Claims should be submitted within the timeframe applicable to the deceased’s initial personal injury action, but this period is frequently shortened to one year following their demise.
Failing to file within these timeframes can result in losing your right to seek compensation. Contact us at (516) 689-1132 to ensure your case is filed on time.
Can Both Claims Be Filed Simultaneously?
Yes, wrongful death claims and survival actions are often filed together because they address different aspects of the loss. Combining these claims ensures that both the family’s financial and emotional losses and the deceased’s suffering are fully accounted for.
When both claims are filed simultaneously, coordination is key. The court treats these claims as distinct, meaning evidence and arguments must be presented separately for each.
A survival action focuses on what happened to the deceased before their death, such as their medical treatment and pain, while a wrongful death claim highlights the impact on the survivors.
Filing both claims together can also strengthen your legal position by providing a comprehensive view of the harm caused by the at-fault party. This approach often results in higher settlements or awards, ensuring justice is served for both the deceased and their loved ones.
What Are Some Real-World Examples of These Claims?
- Example of a Wrongful Death Claim: A family loses a parent in a car accident caused by a drunk driver. The wrongful death claim seeks compensation for lost income, funeral expenses, and the emotional impact on the surviving children.
- Example of a Survival Action: A person is severely injured in a workplace accident and endures weeks of pain and suffering before passing away. The survival action seeks damages for their medical bills, lost wages, and suffering.
How Can the CEO Lawyer Personal Injury Law Firm Help?
Loss due to wrongful death or injuries sustained in New York presents intricate legal challenges. At the CEO Lawyer Personal Injury Law Firm, we offer:
- Individualized Legal Guidance: Our approach is tailored to your specific circumstances, ensuring you receive the most relevant and effective legal counsel.
- Comprehensive Investigation: We meticulously examine every aspect of the incident that led to your loss, gathering crucial evidence to support your claim.
- Vigorous Advocacy: We relentlessly pursue the maximum compensation you are entitled to, leaving no stone unturned in your pursuit of justice.
Call us today at (516) 689-1132 to schedule a free consultation.
What Documents and Evidence Are Needed to File These Claims?
To build a strong case, you may need:
- Death certificate
- Medical records
- Accident or incident reports
- Financial documents showing lost income
- Testimonies from family members or witnesses
Our legal team will guide you through gathering and presenting this evidence effectively.
Are Wrongful Death and Survival Actions Taxable?
In general:
- Wrongful death damages are not considered taxable income because they are meant to compensate for personal losses.
- Survival action damages related to pain and suffering are also typically non-taxable. However, damages for lost wages or property may be taxable.
Always consult a tax professional to understand the implications of your settlement.
What if the At-Fault Party Denies Responsibility?
If the at-fault party denies liability, our firm will:
- Gather compelling evidence, including expert testimony
- Negotiate aggressively with insurance companies
- Take your case to court if a fair settlement isn’t reached
What Makes the CEO Lawyer Personal Injury Law Firm Unique?
We are more than just a law firm—we are your partners in seeking justice. Here’s what sets us apart:
- Decades of experience handling wrongful death and survival lawsuits in New York
- A client-focused approach with open communication and updates
- A track record of winning substantial settlements and verdicts
Ready to Take the Next Step?
If you’ve lost a loved one due to someone else’s negligence, you don’t have to face the legal system alone. Contact the CEO Lawyer Personal Injury Law Firm today at (516) 689-1132.
Let us fight for the justice and compensation you deserve.
