Who benefits from survival action damages?

The two parts of a wrongful death lawsuit, survival action and wrongful death action, have many differences. The most notable of the differences is who is eligible to receive the benefits once the case is settled. In the case of survival action, the estate of the deceased will receive the settlement amount.

The reasoning behind the estate being the beneficiary of the settlement for the survival action is because of the fact that the damages were against the victim before they passed away. Survival action damages include the suffering before death, disability, loss of wages, and medical expenses from the accident and subsequent medical care. 

In a severe injury case that does not result in death, these are the normal damages one would seek in compensation for the accident through a personal injury claim. Because the injured party is deceased, these damages are paid to their estate. The damages would then be distributed according to the provisions of the will, if one is present.

Just as in any other estate, a provision in the Probate Code controls what happens to the assets of the deceased if there is no will present. These matters are separate from a wrongful death lawsuit, but may still impact the distribution of the settlement.

There is a lot more to know with regard to the impact a survival action has on your wrongful death claim. Knowing the differences between survival action and wrongful death action is important when claiming damages. 

You shouldn't have to deal with the hassle of a wrongful death claim alone. Let an experienced Chicago wrongful death lawyer at The Law Offices of Barry G. Doyle, P.C. help you compile your case and take it to court. Contact us today for a free case evaluation. 312-263-1080.