Losing a loved one is undoubtedly one of life’s most challenging experiences. Amidst the emotional turmoil, there are legal matters that need to be addressed, particularly if the death was caused by someone else’s negligence or wrongdoing. In Charleston, South Carolina, two legal concepts come into play in such cases: wrongful death claims and survival actions. While both involve seeking compensation for the loss of a loved one, they serve different purposes and have distinct characteristics. Let’s delve into the differences between wrongful death and survival action to provide clarity and understanding for those facing such situations.

What is Wrongful Death?

A wrongful death claim arises when a person dies as a result of another party’s negligence, recklessness, or intentional act. In Charleston, as in other parts of South Carolina, certain family members or representatives of the deceased can bring a wrongful death lawsuit against the responsible party. The purpose of a wrongful death claim is to seek compensation for the losses suffered by the surviving family members due to the death of their loved one.

Key Points:

• Wrongful death claims are brought on behalf of the surviving family members, such as spouses, children, or parents.
  
• Compensation in a wrongful death case may include funeral and burial expenses, medical bills related to the final injury or illness, lost wages, loss of companionship, and pain and suffering.

What is Survival Action?

On the other hand, a survival action focuses on the damages suffered by the deceased person before their death. Unlike wrongful death claims, which seek compensation for the losses experienced by the surviving family members, survival actions seek to recover damages that the deceased would have been entitled to had they survived. In essence, a survival action allows the deceased person’s estate to pursue a claim for the harm they suffered during their lifetime.

Key Points:

• Survival actions are brought on behalf of the deceased person’s estate by the personal representative or executor.
• Compensation in a survival action may include medical expenses, lost wages, pain and suffering, and other damages incurred by the deceased prior to their death.

Understanding the Differences

While wrongful death claims and survival actions both stem from the death of an individual due to the negligence or wrongdoing of another party, they serve distinct purposes and focus on different aspects of the harm caused.

• Beneficiaries: Wrongful death claims primarily benefit the surviving family members, while survival actions benefit the estate of the deceased.
  
• Damages: Wrongful death claims seek compensation for the losses suffered by the surviving family members, whereas survival actions seek to recover damages that the deceased would have been entitled to if they had survived.
  
• Legal Representation: Wrongful death claims are typically pursued by family members or representatives of the deceased, while survival actions are pursued by the personal representative or executor of the deceased person’s estate.

Conclusion

Navigating the legal complexities of wrongful death claims and survival actions can be overwhelming, especially in the midst of grief and loss. However, understanding the differences between these two legal concepts is essential for pursuing the appropriate course of action and seeking the compensation and justice you deserve.

If you have lost a loved one due to the negligence or wrongdoing of another party in Charleston, it’s crucial to seek guidance from experienced legal professionals who can advocate for your rights and interests. At Brewer Law Firm, LLC, we specialize in handling wrongful death claims and survival actions, providing compassionate support and aggressive representation to our clients during their time of need.

For personalized legal guidance and representation in Charleston, contact Brewer Law Firm, LLC today to schedule a consultation. Let us help you navigate the legal process and pursue justice for your loved one.

Disclaimer

The information provided in this blog is for general informational purposes only and does not constitute legal advice. Consult with a qualified attorney for specific advice regarding your individual situation.