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(314) 500-HURTWrongful Death vs Survival Action – What’s the Difference? Facing the loss of a loved one is an emotionally challenging experience, and the legal aspects that follow can be overwhelming. In the wake of your loved one’s passing, there are two distinct legal avenues for your family to get compensation: survival actions and wrongful death claims. Understanding the differences between these legal concepts is crucial for those seeking compensation and justice in the aftermath of your family member’s tragic passing.
Burger Law is a personal injury law firm that specializes in both survival actions and wrongful death claims. Based in St. Louis and Chicago, we serve the injured throughout Missouri and Illinois. If a loved one was killed by another person’s negligence, call Burger Law today at or contact us online.
This occurs when someone dies as a direct result of another person’s negligence, recklessness, or intentional misconduct. The purpose of a wrongful death claim is to compensate the deceased’s surviving family members for the personal and financial harm caused by the loss of their loved one. Common causes include car accidents, medical malpractice, workplace accidents, and criminal actions like assault or murder.
Missouri law allows surviving family members to recover economic and non-economic damages. Economic damages are measurable financial losses, such as funeral costs, medical bills, and the loss of the deceased’s expected income. Non-economic damages, though more subjective, are equally important and include compensation for emotional pain, suffering, and the loss of companionship, love, and guidance.
In Missouri, family members such as the spouse, children, parents, or other close relatives can file a wrongful death suit. The goal is not only to hold the negligent party accountable but also to provide the dependents with financial security as they recover from their loss. Cornell Law offers a more detailed explanation of this legal foundation.
A survival action differs from a wrongful death claim in that it focuses on the deceased’s legal rights rather than those of the surviving family. It allows the estate of the deceased person to continue a lawsuit that the individual had begun before their death. For instance, if someone suffered serious injuries in a car accident and filed a personal injury lawsuit but passed away before the case was resolved, the estate can continue the lawsuit through a survival action. The estate may seek compensation for the deceased person’s medical bills, lost wages, and pain and suffering.
While the compensation in a wrongful death claim is awarded to the surviving family members, the compensation in a survival action is awarded to the deceased’s estate. This distinction is important because the recovery from a survival action is distributed to the beneficiaries of the estate according to the deceased person’s will or Missouri’s intestate succession laws if there is no will.
Survival actions ensure that the legal rights and damages experienced by the deceased are not ignored. By pursuing these demands, the deceased’s estate can recover compensation that would have been awarded if the individual had lived. This concept is further elaborated in this article.
Survival actions compensate your loved one’s estate for the damages they incurred before they passed, while wrongful
death claims compensate you and your family for your own losses incurred by your loved one’s death. Survival actions
are typically filed when your loved one is injured by another’s negligence but doesn’t pass away until sometime
late, while wrongful death claims are typically filed when a family member dies immediately after an accident. The
two main differences between survival actions and wrongful death claims are:
When someone passes away due to another’s negligence, their loved ones may have legal options to seek compensation. The two most common avenues in these cases are wrongful death and survival actions. Though they sound similar, they serve different purposes. A wrongful death claim compensates surviving family members for their personal and financial losses, such as loss of companionship and future earnings. In contrast, a survival action allows the deceased person’s estate to continue a legal claim they initiated before their death, pursuing compensation for losses the individual would have recovered had they survived.
In a survival action, the compensation allows your loved one’s estate to recover on behalf of the deceased for
injuries, pain and suffering, medical expenses and lost wages they experienced during their lifetime due to
the negligence or wrongful actions of another party. Survival actions are essentially personal injury claims that
the law allows to persist after the injured party’s death – they “survive” and continue as if your loved one
never died.
In a wrongful death claim, the compensation allows families to receive a monetary recovery for their grief and loss,
as well as be reimbursed for funeral and burial expenses and any loss of financial support or benefits due to their
loved one’s passing.
The full list of damages generally available in a wrongful death claim include:
In a survival action, the party being compensated is technically your deceased loved one, as the money goes to their
estate and is intended to rectify their damages. Once the estate has the money, that money will be
distributed according to your loved one’s will, or, if they don’t have one, according to your state’s intestacy laws. This is because a survival action is technically your
loved one’s claim, even though they’ve passed, and the money should be used as they would have wanted.
A “personal representative” or “executor” of your loved one’s estate brings the claim on behalf of your deceased
family member.
In a wrongful death claim, the family members of the deceased are compensated directly, as the claim is filed on the
living’s behalf to compensate for their losses. Each state has their own laws about who is eligible to make a
wrongful death claim. How much each eligible family member gets depends on each member’s priority (spouses and
children are given priority over other relatives) and the extent of their financial and emotional dependence on the
deceased.
Both Missouri and Illinois require court approval for wrongful death claims. Part of this is to ensure each family
member is compensated appropriately for your loved one’s loss.
Each state’s survival action laws are different. You can read about the rules in Missouri and Illinois here:
“I’ve devoted my life to ensuring our clients get full injury compensation.”
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Gary Burger
Litigation Attorney
In wrongful death cases, close family members, such as the deceased’s spouse, children, or parents, are typically the ones to file. If no immediate family members are available, the court may allow more distant relatives, such as siblings or other next of kin, to pursue the cause of action. The law aims to guarantee that those most impacted by the loss have the opportunity to pursue justice and receive the support they deserve.
For survival actions, the claim must be filed by the executor or administrator of the deceased person’s estate. The executor is responsible for managing the estate’s legal and financial matters, including any ongoing lawsuits. Unlike wrongful death claims, the compensation recovered does not go directly to the family members. Instead, it is distributed to the estate and eventually passed to the beneficiaries according to the will or Missouri’s inheritance laws if there is no will.
Understanding who can file these claims is vital for making sure that the appropriate individuals or entities seek justice on behalf of the deceased or their family. The legal guidelines surrounding these claims are unpacked more thoroughly here.
The value of a wrongful death claim is determined by multiple variables that take into account both the financial and emotional impact on surviving family members. These include factors such as the deceased’s age, occupation, earning potential, and the specific circumstances of the family’s loss. Compensation can be pursued for several types of damages, each addressing different aspects of the harm caused by the death.
A survival action seeks to recover damages that the deceased person would have been entitled to if they had lived. These comprise:
In a wrongful death case, a personal injury lawyer plays a core role in building a strong case to help the family seek justice and compensation. They begin by gathering evidence to show that the death was caused by negligent or reckless actions. This can include obtaining medical records, police reports, witness statements, and consulting with experts who can offer testimony about the cause of death or the impact on the family. Litigators might also carry out detailed investigations, such as accident reconstructions, to make sure every aspect of the case is considered.
The lawyer also helps to calculate the full range of the family’s losses. They consist not only of economic losses, such as medical expenses, funeral costs, and lost income, but also non-economic damages like emotional pain and the loss of companionship. Financial experts may be brought in to assess the long-term financial impact on the family, including lost future earnings and benefits.
Additionally, personal injury lawyers engage in negotiations with insurance companies to secure fair compensation. Insurance providers often attempt to settle claims for less than what is deserved, and having a legal backup means the family’s interests are well represented throughout the process. Should the case go to trial, the counselor will present the case in court.
In survival actions, attorneys help the estate continue legal claims the deceased had started before passing. They handle claims related to medical expenses, pain, and suffering, while also managing legal deadlines, as missing these deadlines could jeopardize the case. In Missouri, wrongful death and survival action claims must be filed within specific time limits.
Losing a loved one is an overwhelming and emotional experience, and the legal intricacies of pursuing a posterior claim can add to the stress. At Burger Law, we understand the importance of seeking justice for your family and ensuring that negligent parties are held accountable for their actions. Whether you are pursuing a wrongful death claim to secure compensation for your family’s losses or continuing a case through a survival action on behalf of your loved one’s estate, our experienced attorneys are here to assist.
Call us today at (314) 500-HURT for a free consultation, and let us help you fight for the justice and compensation your family deserves.
No one wants to lose a loved one, and the legal complexities involved in seeking justice and compensation only makes difficult times worse. Let Burger Law’s experienced, compassionate and tenacious survival action lawyers in St. Louis take on the legal burden for you so you and your family can focus on grieving and healing. Speak to a wrongful death attorney today at or fill out our online contact form for a free consultation.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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