3 types of damage to claim in a survival action

On Behalf of | Mar 3, 2023 | Wrongful Death

When a loved one dies because of the negligent actions of another, you may experience feelings of helplessness as well as grief because of the circumstances of that individual’s death. However, bringing a survival action against the person or company you believe caused your loved one’s demise may help you take control of the situation.

The International Risk Management Institute notes that a survival action is usually filed in conjunction with a wrongful death claim made by the estate of the deceased. As the parent, spouse or adult child of your loved one, you can include several different types of damages on his or her behalf.

1. Medical expenses

If your loved one incurred any medical bills before he or she passed, such as costs for emergency surgery or medication, you may include this in your survival action. Ask the medical facility to provide you with the total cost of care, along with an itemized bill that allows the court to see the actual cost of each action taken by the staff.

2. Loss of companionship

If your spouse died via someone else’s negligent act, then you may include loss of companionship in your survival action. This may include the loss of comfort and support provided by your spouse, as well as the loss of intimacy you once shared.

3. Loss of income

Your loved one may have provided your family with a major source of income before his or her death. Seek the assistance of your spouse’s employer and ask for proof of wage earnings and other records to include in your survival action.

Filing a survival action can help you regain control of your life and improve circumstances for yourself and your family after the unexpected loss of a loved one caused by negligence.

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