When a loved one dies because of another’s actions, your family might be entitled to pursue a wrongful death lawsuit and a survival action. A wrongful death suit pursues money for the family’s losses. Survival actions seek compensation for the harm the deceased suffered before they died, with the money benefiting their estate.
At Marks & Harrison, our compassionate personal injury attorneys want to help you and your family move forward after the devastating loss of a family member. We understand that financial compensation is no substitute for the love and companionship of family. Still, it can offer you and your loved ones a sense of justice and financial stability during these painful and uncertain times.
We are committed to helping you understand your potential avenues for pursuing compensation and how survival actions work in Virginia.
What Is Virginia’s Survival Action Law?
The Commonwealth of Virginia is unique with its two distinct legal options for pursuing compensation after the tragic loss of a loved one due to the careless actions of another. The first is a wrongful death lawsuit. The second and less well-known method is called a survival action.
A survival action is brought on behalf of the deceased victim’s estate. It allows the estate to pursue a claim for compensation related to the injuries and suffering the victim experienced before death. Compensation in a survival action can include medical expenses incurred because of the accident and before the individual’s death, loss of wages, and the victim’s pain and suffering. Contact our Virginia wrongful death lawyer today.
How Is a Survival Action Different from a Wrongful Death Claim?
Several legal distinctions make wrongful death claims different from survival actions. The first is that the compensation obtained through a wrongful death claim benefits the family members of the deceased. Survival claims benefit the victim’s estate, which may or may not directly benefit the deceased’s surviving family members.
Another distinction is that survival actions seek to recover compensation for an individual’s injuries and harm before death, such as medical expenses. Wrongful death lawsuits tend to focus on compensation for the losses suffered by family members, like financial support, loss of benefits, loss of companionship, and emotional distress.
Who May File a Survival Action in Virginia?
Family members can file these suits in some states, but that is not the case in Virginia. In Virginia, both wrongful death lawsuits and survival claims must be filed with the court by the personal representative of the deceased. The personal representative, sometimes called the executor, is typically named in the deceased individual’s will or estate plan.
When there is no named personal representative, the court can appoint an individual to serve as the estate’s personal representative.
What Compensation Can You Seek Through a Survival Action?
The compensation the estate can recover from a survival action differs from the compensation you can pursue via a wrongful death lawsuit. In survival actions, the deceased individual’s estate can typically seek money for the following:
- Medical expenses accrued after the accident and before the death
- Lost wages between the time of the accident and the time of death
- Mental distress of the deceased
- Pain and suffering of the deceased
The overall value of a survival action can vary. You must discuss the circumstances of your loved one’s death with an experienced Virginia personal injury attorney who can review your situation and state law to determine the fair and accurate value of your survival action claim.
How Will the Money from a Survival Action Be Distributed?
All compensation recovered from a Virginia survival action gets distributed to the deceased individual’s estate, not directly to the surviving family members or heirs. Once controlled by the estate, compensation will be distributed as if it’s one of the assets in the victim’s will or estate plan.
What If the Person Who Died Did Not Leave a Will?
Unfortunately, sometimes, people pass away suddenly without creating a will or estate plan. When someone passes without a will, the courts will determine who serves as the estate’s personal representative. Assets held by the estate, including those acquired through a survival action, will be distributed as outlined by Virginia’s intestate succession law.
What Is the Statute of Limitations for Survival Action in Virginia?
Grief has no time limit. Unfortunately, survival actions in Virginia do. The personal representative of the deceased individual’s estate typically must file a survival action within two years of the accident date. This deadline is significant because it differs from the statute of limitations for wrongful death lawsuits, which states that suits must be filed within two years of the individual’s date of death.
The distinction between these legal deadlines can be confusing. A skilled personal injury attorney can be instrumental in helping you understand which cases you can file and when, and how best to pursue the compensation you deserve for the loss of your loved one. Filing a survival action or wrongful death lawsuit after the statute of limitations deadline passes means the court can dismiss the case, leaving you, your family, and the deceased individual’s estate with few options for recovering meaningful compensation.
Contact a Virginia Wrongful Death Lawyer
At Marks & Harrison, we know how challenging it is to move forward with life after the sudden death of a loved one because of the actions of a careless individual. We aim to help support families during this tumultuous time and give them the support and legal advice they need to help them rebuild their lives. Let us manage the complexities of survival actions and wrongful death lawsuits while you focus on your family.
Contact our Virginia office today and request a free, confidential legal consultation. We can discuss your options for seeking compensation in a supportive and compassionate environment.
