Wrongful Death & Survival Action Claims

Wrongful death and survival action claims can be complicated. But it is important to know the difference so you can obtain the compensation you deserve. Our experienced lawyers at Kisling, Nestico & Redick can discuss your legal rights and next steps.

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Ohio has two forms of compensation for family members who suffered the loss of a loved one due to the negligence of another. These are referred to as wrongful death claims and survival actions.

The estate of the deceased (decedent) can pursue either or both to recover the losses they incurred. There is, however, a difference between Ohio wrongful death & survival actions, and if you recently experienced an untimely or unexpected death of a loved one, it’s important to understand these two legal actions.

The wrongful death and survival action attorneys at Kisling, Nestico & Redick are experienced at helping families obtain rightful compensation in the aftermath of their loss. Our legal team knows how to negotiate with insurance companies what it takes to prove fault in court. Let us work with you to determine the best course of action for you and your family.

Call us today at 1-800-HURT-NOW, or contact us to set up a free consultation. There is no obligation and we only get paid when you recover compensation.

Differences Between Wrongful Death and Survival Claims

A wrongful death claim is designed to compensate the family of the deceased. It is issued by the administrator or executor of the decedent’s estate.

A practical example of a wrongful death claim is:

A man is married to his wife and they have three children. As he is driving to run an errand one evening, he is tragically involved in a vehicular accident that takes his life.

In this case, the family can file a wrongful death claim to cover their newfound circumstances that include: loss of affection and companionship as well as the financial support the victim would have provided had he lived.

The judgment and compensation in such a case may even be split between the wife and children, and possibly the man’s parents, brothers, and sisters.

Survival actions differ from wrongful death claims in that they are focused on the decedent.

If the man from the example above did not die immediately after the accident but spent weeks in the hospital prior to dying of his injuries, the family may pursue a survival action. In doing so, the family may recover compensation for the suffering, pain, and medical expenses the victim accumulated from the moment of his accident until his passing.

The damages secured in a survival action lawsuit would be distributed according to the decedent’s will. If he had no will, the distribution would be made through the law of descent and distribution.

How Ohio Wrongful Death and Survival Actions Work

Wrongful Death Lawsuit

A wrongful death lawsuit focuses on compensating the family for their loss. This type of lawsuit must be filed by a representative of the decedent’s estate. With this lawsuit, a family may recover a range of losses and expenses associated with their loved one’s passing. However, the wrongful death statute rarely includes punitive damages.

Survival Action

The personal representative of the decedent’s estate may file a survival action lawsuit. If no representative has been designated, the successor-in-interest may file the action.

A survival cause of action may be filed as long as the decedent remained alive for even a short period following the accident that caused their injuries.

Survival actions cover pain, injuries, and losses incurred before death, including any punitive or exemplary damages, as well as penalties that the deceased would have been eligible to recover had they lived.

Contact an Experienced Ohio Wrongful Death & Survival Actions Attorney

If you are dealing with the death of a family member or loved one due to another person’s negligence, it is important to speak with an Ohio wrongful death attorney to review your options.

At Kisling, Nestico & Redick, we have the skills and experience to help you achieve the best result possible with your claim. Let’s discuss your options and develop a plan to secure your rightful compensation.

Call us today at 1-800-HURT-NOW to request a free consultation.