When it comes to legal matters, especially in the delicate field of personal injury law, it's important to understand the differences between different legal concepts. One area that requires clear understanding is the distinction between survival actions and wrongful death claims. For individuals dealing with these complexities in Charleston, South Carolina, having a skilled and experienced legal team on your side skilled in wrongful death cases is essential.
Survival actions come into play when a person suffers injuries due to negligence or intentional harm, but the injuries are not immediately fatal. Instead, the individual survives for a period after the incident before passing away due to unrelated causes. In a survival action, the deceased's estate pursues legal action on behalf of the deceased to recover damages for the pain, suffering, medical expenses, and other losses incurred by the deceased during the time between the injury and death.
Survival actions essentially allow the estate to continue or "survive" the deceased's right to bring a personal injury lawsuit. The damages awarded in survival actions are intended to compensate for the harm suffered by the deceased individual directly, rather than compensating surviving family members for their losses.
On the other hand, wrongful death claims are brought forth by the surviving family members or beneficiaries of a deceased individual who died as a result of someone else's negligence or intentional actions. These claims seek to compensate the family members for the losses they have suffered as a result of the death, including loss of financial support, companionship, guidance, and consortium.
In Charleston, South Carolina, wrongful death claims are governed by specific statutes that dictate who may file a claim, the types of damages available, and the time limits within which a claim must be filed. Generally, the personal representative of the deceased person's estate or the deceased person's surviving family members can bring a wrongful death claim.
While survival actions and wrongful death claims both involve seeking compensation for harm caused by another party's negligence or intentional actions, they differ primarily in who brings the claim and the types of damages sought. In survival actions, the focus is on compensating the deceased individual for the harm they suffered before passing away, while wrongful death claims aim to compensate surviving family members for their losses resulting from the death.
Navigating the legal landscape surrounding survival actions and wrongful death claims can be daunting, especially for those dealing with the emotional and financial aftermath of losing a loved one.
At Lesemann & Associates, we understand the complexities involved in personal injury and wrongful death cases, and we are dedicated to providing our clients with the personalized attention and aggressive representation they deserve. If you have lost a loved one due to someone else's negligence or wrongdoing, don't hesitate to contact us for a consultation. We're here to help you seek the justice and compensation you deserve during this challenging time.
While survival actions and wrongful death claims serve similar purposes in seeking compensation for harm caused by another party, it's essential to understand the nuances that distinguish them. With the guidance of a reputable Charleston wrongful death attorney, you can navigate these legal matters with confidence and peace of mind. Contact Lesemann & Associates today to get started on your case.
