What Is a Wrongful Death Action vs. Survival Action in Georgia?

A wrongful death case is a personal injury lawsuit in which a family member seeks compensation relating to the loss of a loved one. Comparatively, a survival action case involves seeking damages that a victim would have received if they survived their injuries. Also, while a wrongful death lawsuit is filed after a person’s death, a survival action can be filed while an individual is still alive. 

At John Foy & Associates, our team can explain the similarities and differences between wrongful death and survival actions in Georgia. To get started, reach out to our law firm. We can connect you with an experienced personal injury attorney that can review your case and help determine if now is the right time to file a wrongful death action or survival action.

What You Need to Know About Wrongful Death Cases in Georgia

You can file a wrongful death claim after a family member dies due to someone else’s negligence. The claim can be submitted if a loved one dies for various reasons, such as:

• Car Accident
• Truck accident
• Product liability accident
• Medical malpractice

In Georgia, there is a two-year statute of limitations for wrongful death lawsuits. You have up to two years from the date of your loved one’s death to pursue damages in a wrongful death case. If you do not file your lawsuit within this period, you lose the right to do so at a later date. 

You can request economic and non-economic compensatory damages in a wrongful death lawsuit. Economic damages can be awarded for lost wages and other quantifiable losses. Meanwhile, you can secure non-economic damages for pain, suffering, and other subjective losses. 

How a Survival Action Claim in Georgia Works

In a survival action case, you request damages for a family member’s losses before they die. A survival action lawsuit enables you to hold an at-fault party responsible for their actions that lead to a loved one’s death. You must file a survival action lawsuit while your loved one is still alive, and the claim continues following their death. 

Like a wrongful death lawsuit, you have a maximum of two years to submit a survival action claim. In addition, you can request economic and non-economic damages in a survival action lawsuit. If a loved one dies while a survival action case is underway, the claim becomes a part of this individual’s estate. 

A survival action claim differs from a wrongful death case in some of the damages a person can pursue. For example, in a survival action lawsuit, a plaintiff may request damages for funeral and burial expenses and pain and suffering that a family member deals with prior to their death. On the other hand, a plaintiff may seek damages for loss of employment benefits or loss of companionship in a wrongful death case.  

When to File a Survival Action or Wrongful Death Lawsuit in Georgia

If a family member is seriously injured in an accident caused by someone else, seek medical help right away. Despite your best efforts, your loved one may be close to death. At this point, support your loved one as best as you can.

In the time before your loved one’s death following an injury caused by someone else, you can file a survival action lawsuit. To do so, you can meet with a personal injury attorney with survival action case experience. The lawyer can take a look at your case and help you sue anyone responsible for your loved one’s injury. 

If a family member dies as a result of someone else’s negligence, you can submit a wrongful death claim. You can seek out a personal injury lawyer that knows the ins and outs of wrongful death law in Georgia. The lawyer will make sure you pursue the most damages possible in your wrongful death lawsuit. 

How Much Money You Can Request in Survival Action and Wrongful Death Lawsuits in Georgia

You can request any amount of economic and non-economic damages in survival action and wrongful death cases in Georgia. To determine how much compensation to ask for, it is important to consult with an attorney. From here, your lawyer can evaluate your damages to date and potential future damages and help you decide how much money to request. 

It is in your best interests to consult with an attorney as you evaluate damages in a survival action or wrongful death lawsuit. A lawyer will encourage you to request economic and non-economic damages that account for your immediate and long-term expenses. Once you file your lawsuit, your attorney will do what it takes to help you secure this amount. 

At John Foy & Associates, we have a great track record in personal injury cases. Our team ensures our clients pursue a reasonable amount of damages, every time. As your litigation moves forward, we work diligently to help you get a fair amount of compensation.     

What to Expect in a Survival Action or Wrongful Death Lawsuit in Georgia

The attorney you select to represent you in your survival action or wrongful death case has far-flung ramifications. By choosing a lawyer that values communication, you are in an excellent position. This attorney will do what is necessary to advocate for you and make sure you receive proper legal representation. 

After you file your survival action or wrongful death lawsuit, there is a chance you will receive a settlement proposal from the defendant. Your attorney can help you assess a settlement proposal. Even though it may be tempting to accept a settlement, your attorney may urge you to continue with your litigation. 

If you decline a settlement offer in a survival action or wrongful death lawsuit, your attorney keeps working hard for you. Rather than give up on your case, your lawyer continues to look for ways to strengthen your argument. When you go to trial, your lawyer will present your argument and help you compel a judge or jury to award you full damages. 

How to Get Started with a Survival Action or Wrongful Death Lawsuit

John Foy & Associates makes it easy to pursue damage in a survival action or wrongful death lawsuit. To learn more or request a free consultation, please get in touch with us today.