Can you claim a survival action after a fatal Georgia accident?

On Behalf of | Mar 30, 2022 | Wrongful Death |

Did someone in your family pass away after an accident caused by another person’s neglect or wrongful act? If so, there’s no question it’s likely a difficult time for your family.

While no amount of money or compensation can make up for the loss of a loved one, it can help ease the financial burden caused by their passing. 

What are survival actions?

According to the law in Georgia, survival actions are designed to recover damages due to a loss incurred by the deceased during the accident that caused their death. This type of claim will compensate for several accident-related costs, including medical costs, financial losses, pain and suffering, and more. 

In simpler terms, it is the personal injury action the deceased individual would have filed if they had not passed away because of the action. 

Who has the right to file survival actions?

A representative of the person’s estate can file the survival action. In some cases, this is a family member, but it is an administrator or executor in other situations. 

What’s the difference between a survival action and a wrongful death claim?

A wrongful death claim and survival action are not the same. With a wrongful death claim, the compensation is designed to provide for the deceased individual’s family. This includes things like loss of companionship, loss of financial contribution and more. However, with a survival action, the family is recovering compensation the deceased person would have received if they had lived. 

In many cases, if you are filing a wrongful death lawsuit, you can also file a survival action in Georgia. However, this depends on the situation and case, so it is best to get experienced legal guidance to understand your options.