Survival Action Vs. Wrongful Death Claim in Tennessee

When a person dies due to the negligence of another party, whether a person or a business, it becomes necessary to take legal action to recover the damages lost by that party and others. Two very different but often confused processes include a survival action and a wrongful death claim in Tennessee. A Nashville wrongful death lawyer at Selvidge Injury Law can assist with your claim.

What Are Survival Actions in a Death Claim in Tennessee?

Survival actions are claims, lawsuits, and any other legal rights that a person has prior to their death that will then survive their death. In these situations, the heirs of the deceased, referred to as the decedent, have the right to seek action against those parties. One common example is if a person files a claim against someone for personal injuries, and then for reasons unrelated to the incident causing the personal injuries, suddenly passes in the middle of the claim or litigation. That claim, filed prior to the death, continues on after the death. It survives the death of the claimant. The estate collects on that claim. Survival action applies to injuries and pain that a person suffered prior to their death, meaning they experienced it.

Here is an example of how this may apply in a car accident. A person suffers a serious car accident but continues to live for several days after it. Ultimately, they pass away due to the car accident. Any pain and suffering they experienced while alive is considered a loss, and the estate can seek it out. This is called survival action. It is for the losses a person incurs prior to their death, what they experienced, and what their claim was likely to be before they died.

What Is the Difference Between a Wrongful Death Claim and a Survival Action in Tennessee?

A wrongful death claim relates to the damages that came as a result of the death. This includes the decedent’s loss of wages and benefits as well as losses related to emotional pain suffered by the family.

• A wrongful death claim helps recover damages that result from a person’s death.
• A survival claim helps recover damages the deceased would have been able to recover from the accident if they did not die.

Both types of claims are vital to consider when filing a wrongful death claim in Tennessee, and while they can be somewhat confusing, your wrongful death attorney will know the specific steps.

What Types of Damages Are Survival Damages in Tennessee?

Survival damages are those associated with losses that, if the person had survived, would have been recovered in a personal injury lawsuit filed by that party. Some examples of these damages include:

• Physical and mental pain and suffering
• Lost wages
• Medical expenses

What Types of Damages Are Wrongful Death Claims?

A wrongful death claim will include losses the family members would receive based on their losses. Some examples could include:

• Protection and guidance
• Care
• Attention and companionship
• Monetary value of the person’s life based on their earning capacity, age, and health

When filing a wrongful death claim in Tennessee, working with an attorney with the ability to navigate these more challenging aspects of the law is critical. Call the office of Selvidge Injury Law to schedule a free consultation with a Nashville wrongful death lawyer today.