When a loved one dies due to someone else’s negligence or wrongdoing, the grief can be overwhelming. But alongside that emotional pain often come practical and legal questions: Can the responsible party be held accountable? Can the family recover any form of compensation?
In U.S. law, particularly in Massachusetts and the Fall River area, there are two main legal paths that families may consider: a wrongful death lawsuit and what’s known as a survival action. Both serve important purposes, but they focus on different aspects of the loss.
An experienced wrongful death lawyer in Fall River can help you understand these differences and guide you toward the best course of action for your specific situation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil legal case brought by the surviving family members or heirs of a deceased individual. The lawsuit is not about punishing the wrongdoer (that happens in criminal court); it’s about seeking financial compensation for the harm suffered by the family due to the loss.
Common types of damages in a wrongful death claim include:
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Loss of income that the deceased would have provided
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Loss of companionship and emotional support
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Funeral and burial expenses
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Grief and emotional suffering
A knowledgeable personal injury attorney in Fall River with experience handling wrongful death claims can help document these losses and build a compelling case for compensation.
What Is a Survival Action?
Unlike a wrongful death claim, which focuses on the survivors’ losses, a survival action is about the pain and suffering the deceased experienced before death. This type of lawsuit is brought by the estate of the deceased and seeks to recover damages for the harm that the person endured between the time of injury and death.
Examples of damages that may be recovered through a survival action include:
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Physical pain and suffering before death
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Medical expenses and hospital bills
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Loss of quality of life during the time the person survived
A seasoned Fall River wrongful death lawyer may choose to file both a wrongful death claim and a survival action, depending on the specifics of the case. This is why having a lawyer with expertise in both areas is so important.
When Are Both Lawsuits Applicable?
Let’s consider an example: Suppose someone is struck by a drunk driver and survives in the hospital for several days before passing away. In this situation:
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The deceased person’s family can file a wrongful death claim for the emotional and financial loss they’ve suffered.
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At the same time, the estate can file a survival action to recover for the pain, suffering, and medical expenses endured by the deceased before death.
A skilled personal injury attorney in Fall River will know how to manage both types of lawsuits, often as part of one comprehensive legal case.
Why Filing a Wrongful Death Claim is Important
Who Can File the Lawsuits?
In Massachusetts, wrongful death claims are typically brought by close relatives, spouses, children, or parents. However, the lawsuit must formally be filed by the estate of the deceased, meaning someone must first be appointed as the personal representative.
Survival actions, on the other hand, are always filed by the estate, because the compensation being sought is for the harm experienced by the deceased themselves, not the survivors.
A qualified Fall River personal injury lawyer can walk you through whether you’re eligible to bring a claim and help navigate the legal process step by step.
How Much Time Do You Have to File?
In Massachusetts, there is a three-year statute of limitations for filing both wrongful death and survival actions, starting from the date of death. However, it’s crucial to act quickly because waiting too long can make it harder to collect evidence, find witnesses, and build a strong case.
Reaching out to a wrongful death lawyer in Fall River early in the process gives you the best chance at a successful outcome.
How Can a Lawyer Help You?
Losing a loved one in a tragic accident or due to medical malpractice is heartbreaking enough. Navigating a complex legal system at the same time can feel impossible. That’s why it’s essential to work with a Fall River wrongful death lawyer who understands the nuances of both wrongful death claims and survival actions.
A trusted attorney can assist with:
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Evaluating your case and identifying potential compensation
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Gathering crucial evidence
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Negotiating with insurance companies
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Representing you in court, if needed
Conclusion: Two Legal Paths, One Goal: Justice
Wrongful death lawsuits and survival actions both exist to seek justice when someone dies due to another party’s negligence or misconduct. While they target different aspects of the tragedy, the family’s losses versus the deceased’s suffering, they often go hand in hand as part of a comprehensive legal strategy.
With the help of an experienced personal injury attorney in Fall River, you’ll be better equipped to pursue the compensation and closure you deserve.
If you or someone you know has lost a loved one in an accident, don’t wait; reach out to a trusted wrongful death lawyer in Fall River for a free consultation today.
