In addition to a wrongful death claim, a survival action may be relevant to your family’s case. Under Georgia law, a survival action is an extension of a legal claim associated with a deceased person. A survival action seeks damages for the deceased’s losses due to the fatal accident.
A survival action is a type of personal injury claim for a victim who dies from injuries caused by another party. Unlike a wrongful death claim, survival actions aim to recover compensation for the harm suffered by the victims themselves rather than their surviving loved ones.
An experienced attorney can help you understand what a survival action involves and how it differs from the wrongful death claim you and your family may wish to pursue.
At Butler Kahn, our compassionate trial attorneys focus solely on representing the rights and interests of injury victims and their families. We strive to provide attentive service to each client we represent. For that reason, we limit the number of cases we take so we can devote the time, care, and resources your case deserves.
When filing a survival action or wrongful death claim in Georgia after losing a loved one, you need a lawyer with the right skills, experience, and resources to handle your case. The team at the Butler Kahn is ready to help. Contact us for a free consultation when you are ready to discuss your situation.
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Under Georgia law, a survival action is a legal claim that allows surviving family members to pursue financial recovery of the deceased’s losses before their death. A survival action can hold the responsible party accountable for their negligent or intentional acts that caused the decedent’s death.
A survival action is often considered an extension of the personal injury claim the deceased could have brought if they survived. Survival actions get their name because they “survive” the decedent and can still be pursued against the at-fault party responsible for the decedent’s injuries and death.
In a survival action, compensation may include money for medical expenses, lost wages, and pain and suffering. As a result, survival actions are usually filed when a decedent is not immediately killed by accident. Instead, they live long enough to incur losses due to an ultimately fatal injury or condition inflicted by someone else’s negligence.
In Georgia, the survival action statute states that a decedent’s estate representative must file a survival action. That is typically the estate’s executor or an administrator.
In most cases, the court will appoint a family member of the decedent to serve as the estate executor or administrator. The representative of the decedent’s estate must bring the survival action because the claim belongs to the decedent. The claim becomes an asset of the decedent’s estate.
Often, wrongful death claims and survival actions are discussed together. However, the two types of actions are legally distinct. The most significant differences between wrongful death claims and survival actions include the kinds of compensation recoverable in each action, as well as how each claim is pursued and resolved.
A wrongful death claim seeks to provide compensation to the surviving family members. This compensation is meant to offer financial recovery for the surviving family members’ losses incurred due to their loved one’s passing, including financial and intangible personal losses.
Compensation in a wrongful death claim may cover:
A survival action compensates for the losses the decedent and the decedent’s estate experienced. That may include financial recovery for:
Wrongful death claims and survival actions greatly differ in how the compensation is distributed. In a wrongful death claim, compensation is distributed directly to the eligible surviving family members, usually a surviving spouse and surviving children or a decedent’s surviving parents.
Compensation recovered in a survival action is instead paid to the decedent’s estate. Those funds are then distributed according to the decedent’s will or according to Georgia’s intestacy laws if the decedent died without a will. As a result, compensation recovered in a survival action may be used to pay the decedent’s debts or the estate’s expenses.
Any funds that are distributed to beneficiaries or heirs may also be subject to inheritance taxes. Compensation in a wrongful death claim is typically exempt from taxation.
Our compassionate survival action lawyers are ready to advise you on the best steps to seek answers, justice, and fair compensation for you and your family. Contact us for a free, no-obligation case review when you are ready to explore your legal options.