When a loved one passes away due to another's negligence or wrongful act, the legal system in Massachusetts provides two distinct avenues for seeking justice and compensation: survival actions and wrongful death claims. Though both are civil lawsuits that can be brought forth following a tragic loss, they differ in their purposes, beneficiaries, and the types of damages that can be recovered. Understanding these differences is crucial for families seeking to navigate the legal landscape during such a difficult time.

Survival Action Explained

A survival action, as the name suggests is a legal claim that survives the death of the victim. It is essentially an extension to the personal injury claim which would have been brought forth by the surviving party had they lived. This type of lawsuit is brought forth by the estate of the deceased, and any compensation awarded is considered part of the estate.

Key Points of Survival Actions:

• Purpose: To recover damages for the pain, suffering, and expenses the deceased incurred from the time of injury until their death.
• Damages: These can include medical expenses, pain and suffering, and lost wages experienced by the deceased prior to death.
• Beneficiaries: The estate receives any money that is recovered, and it is then dispersed in accordance with the deceased's will or the state's intestacy statutes in the absence of a will.

Wrongful Death Claim Explained

In contrast, a wrongful death claim is filed by the surviving family members or a representative of the estate on behalf of those family members. In this claim, the family is requesting damages for the losses they endured as a result of their loved one's sudden passing. Key Points of Wrongful Death Claims:

• Purpose: To provide financial support for the surviving family members and compensate them for their losses.
• Damages: Can include loss of income and support, funeral and burial expenses, loss of companionship and guidance, and, in some cases, punitive damages.
• Beneficiaries: Typically, the immediate family members, such as the spouse, children, or parents of the deceased, are the beneficiaries of any awarded compensation.

Distinctions Between Survival Actions and Wrongful Death Claims

While both legal avenues aim to provide recourse following a tragic loss, there are several key differences between them:

• Basis of the Claim: Survival actions are based on the rights of the deceased, while wrongful death claims are based on the rights of the surviving family members.
• Types of Damages: Survival actions focus on the suffering and expenses of the deceased before death, whereas wrongful death claims focus on the financial and emotional impact on the family.
• Distribution of Damages: In survival actions, damages are awarded to the estate, while in wrongful death claims, damages are awarded directly to the surviving family members.
• Statute of Limitations: The time frame within which these claims must be filed may differ, so it's essential to consult with an attorney to ensure timely filing.

Navigating Legal Proceedings in Massachusetts

Survival action and wrongful death claims involve legal processes that are both intricate and emotionally demanding. Here are some steps to consider when navigating these proceedings:

1. Consult with an Experienced Attorney: A lawyer specializing in wrongful death or personal injury cases will provide valuable guidance and representation.
2. Gather Evidence: Collecting medical records, accident reports, and witness statements can be crucial in building a strong case.
3. Determine the Value of the Claim: An attorney will help assess the full extent of damages the potential sum of money that could be sought.
4. File the Claim: Your attorney will prepare and file the legal documents to initiate the lawsuit.
5. Negotiation and Litigation: Many cases are settled out of court, but if necessary and the case goes to trial, where a jury or judge will determine the outcome.

Wrongful Death Claim or Survival Action in Massachusetts?

In Massachusetts, a grieving family has the option to file a combined claim that encompasses both a wrongful death claim and a survival action. This approach allows them to seek the maximum compensation possible following a tragic accident.

Determining the appropriate amount of compensation is challenging, as many families may not fully understand the financial and emotional value their loved one contributed to the household. To accurately assess the damages for pain and suffering, it may be necessary to consult with a financial expert, review tax returns and pay stubs, and work with medical professionals to understand the extent of the deceased's suffering before death. During such a difficult time of mourning, managing these tasks can be overwhelming, which is why securing the services of an experienced attorney in Massachusetts is crucial for navigating the legal process and ensuring that your family's rights are protected.

Conclusion

The loss of a loved one is an incredibly challenging time for any family, and navigating the legal system adds to the stress. Understanding the differences between survival actions and wrongful death claims is the first step in seeking justice and financial support. By working with a skilled attorney, families in Massachusetts can effectively pursue the appropriate legal avenue and focus on healing and moving forward.

What Type of Lawyer Should I Contact?

Even if you don’t believe you have a case for a wrongful death claim, you should contact an attorney who can help you learn more. A lawyer can take the burden off your shoulders, represent your best interest and help you get the maximum compensation for your loss.

At Brandon J. Broderick, Attorney at Law, our attorneys are experienced in wrongful death and personal injury. We approach every case with compassion and empathy.

 Contact us today for a free consultation. With our proven track record of success, we can get you the justice you deserve.