What’s the Difference Between a Survival Action and a Wrongful Death Claim?

What’s the difference between a survival action and a wrongful death claim? Facing the loss of a loved one is
an emotionally challenging experience, and the legal aspects that follow can be overwhelming. In the wake of your
loved one’s passing, there are two distinct legal avenues for your family to get compensation: survival actions and wrongful death claims. Understanding the differences
between these legal concepts is crucial for those seeking compensation and justice in the aftermath of your family
member’s tragic passing.

Burger Law is a personal injury law
firm that specializes in both survival actions and wrongful death claims. Based in St. Louis and Chicago, we
serve the injured throughout Missouri and Illinois. If a loved one was killed by another person’s negligence, call
Burger Law today at or contact us online.

How Are Survival Actions and Wrongful Death Claims Different?

Survival actions compensate your loved one’s estate for the damages they incurred before they passed, while wrongful
death claims compensate you and your family for your own losses incurred by your loved one’s death. Survival actions
are typically filed when your loved one is injured by another’s negligence but doesn’t pass away until sometime
late, while wrongful death claims are typically filed when a family member dies immediately after an accident. The
two main differences between survival actions and wrongful death claims are:

1. What the compensation is for
2. Who is compensated

1. What the Compensation Is for

Survival Actions

In a survival action, the compensation allows your loved one’s estate to recover on behalf of the deceased for
injuries, pain and suffering, medical expenses and lost wages they experienced during their lifetime due to
the negligence or wrongful actions of another party. Survival actions are essentially personal injury claims that
the law allows to persist after the injured party’s death – they “survive” and continue as if your loved one
never died.

Wrongful Death

In a wrongful death claim, the compensation allows families to receive a monetary recovery for their grief and loss,
as well as be reimbursed for funeral and burial expenses and any loss of financial support or benefits due to their
loved one’s passing.

The full list of damages generally available in a wrongful death claim include:

2. Who Is Compensated?

Survival Actions

In a survival action, the party being compensated is technically your deceased loved one, as the money goes to their
estate and is intended to rectify their damages. Once the estate has the money, that money will be
distributed according to your loved one’s will, or, if they don’t have one, according to your state’s intestacy laws. This is because a survival action is technically your
loved one’s claim, even though they’ve passed, and the money should be used as they would have wanted.

A “personal representative” or “executor” of your loved one’s estate brings the claim on behalf of your deceased
family member.

Wrongful Death

In a wrongful death claim, the family members of the deceased are compensated directly, as the claim is filed on the
living’s behalf to compensate for their losses. Each state has their own laws about who is eligible to make a
wrongful death claim. How much each eligible family member gets depends on each member’s priority (spouses and
children are given priority over other relatives) and the extent of their financial and emotional dependence on the
deceased.

Both Missouri and Illinois require court approval for wrongful death claims. Part of this is to ensure each family
member is compensated appropriately for your loved one’s loss.

Each state’s survival action laws are different. You can read about the rules in Missouri and Illinois here:

• Survival Actions in Missouri
• Survival Actions in Illinois

Survival Action and Wrongful Death Lawyers in Missouri and Illinois

No one wants to lose a loved one, and the legal complexities involved in seeking justice and compensation only makes
difficult times worse. Let Burger Law’s experienced, compassionate and tenacious survival action lawyers in St.
Louis take on the legal burden for you so you and your family can focus on grieving and healing. Speak to a wrongful
death attorney today at or fill out our online contact form for a
free consultation.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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