Wrongful Death Versus Survival Cause of Action Lawsuits

In the state of South Carolina, two different kinds of lawsuits can help you recover monetary damages if someone you love dies because of another person's actions or negligence. Depending on the circumstances, filing a wrongful death lawsuit, a survival cause of action lawsuit, or both might the best course of action.

Of course, no amount of money could ever replace your loved one, but a wrongful death or survival right of action claim attempts to at least lessen the financial burden that the death caused within the family. Read on to learn about each type of lawsuit and how they work.

Wrongful Death Lawsuits

Wrongful death lawsuits compensate estate beneficiaries after someone passes away due to the negligent actions of another person or people. Usually, this means that the money awarded in a wrongful death lawsuit goes to the spouse, children, or others who were financially dependent upon the deceased person.

In the state of South Carolina, the estate executor or administrator must file the wrongful death lawsuit within the three-year statute of limitations following the wrongful death. Unfortunately, many families wait until too much time has passed and miss their opportunity to recover damages. That's why you should reach out to an experienced wrongful death attorney if you suspect or feel certain that your loved one's death was preventable.

A wrongful death lawsuit award can include monetary compensation for many different things, with the most common types of compensation including:

• Family pain and suffering due to a loved one's death
• Future lost income until the age that the deceased was projected to retire
• Funeral costs, including burial, flowers, music, and other related costs
• Loss of child care or adult care provider, if previously provided by the deceased
• Loss of medical benefits held by the deceased

A wrongful death lawsuit is the most common way to recover damages after someone caused the death of a loved one but is not the only way. Survival cause of action lawsuits are another option that you can file in certain circumstances.

Survival Cause of Action Lawsuits

Just as with a wrongful death lawsuit, a survival cause of action lawsuit is filed by an estate executor, and the statute of limitations is three years in South Carolina. But, it's very different than a wrongful death lawsuit in one key way: a survival cause of action suit covers the types of damages that occurred while the victim was still alive rather than focusing on damage caused by the death.

A survival cause of action lawsuit is very similar to a personal injury lawsuit that the deceased could have filed, had they survived, so this action is like filing a lawsuit on behalf of the deceased rather than on behalf of the family of the deceased. Survival cause of action compensation generally includes:

• Personal pain and suffering of the deceased before they passed
• Medical bills incurred by the victim prior to passing
• Lost earnings up until the time of death

The exact compensation in a survival cause of action lawsuit can vary according to the specific circumstances. For example, if the victim died fairly quickly rather than having a long drawn-out illness, the survival cause of action lawsuit may not include any compensation for lost earnings. Instead, the lawsuit may mainly focus on pain and suffering and medical bills up until their death.

To successfully file a wrongful death or survival cause of action lawsuit, you need a highly experienced attorney like the Law Offices of Robert Dodson, P.A. To get the customized attention that your wrongful death or survival cause of action case deserves, reach out online or by phone now.