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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Clarksburg Wrongful Death Attorney Clarifies: Wrongful Death vs. Survival Case

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group

The unexpected death of a loved one can send a family reeling with grief. If you are considering pursuing legal action in the name of your deceased loved one with a Clarksburg wrongful death attorney, you should make sure you are proceeding in the right way. When filing claim, it is important to understand the difference between a wrongful death case and survival action claim. While both cases deal with the untimely death of a victim, the way they are handled and the damages that can be collected are very different. 

In a wrongful death claim, a person dies at the hands of a negligent person that caused or performed a deliberate or careless mistake. If your loved one died in a situation like this, you may have grounds to pursue a wrongful death claim. A wrongful death claim can recover money for funeral expenses, emotional pain and suffering, and financial support for the surviving family members. Examples of a wrongful death claim can include a medical malpractice situation like a misdiagnosis or a preventable car accident involving a drunk driver. A Clarksburg wrongful death attorney will tell you that the statute of limitations for a wrongful death claim is typically two years from the date the accident or six months from the time of death. 

A survival action claim is still filed after a person passes away, but it aims to collect damages for what the victim may have received if they had lived. The compensation in a survival claim accounts for damages (i.e. medical bills, emotional distress, loss of income) that the victim sustained before they died and any punitive damages that they may have been able to collect if they had survived (hence the name “survival action”). If a person is involved in a serious car accident and dies several months later, a survival action claim can collect the damages encountered during that pre-death time. The statute of limitations for a survival action claim is in line with a wrongful death claim, as many are filed jointly. 

In a time of loss and grieving, the type of claim to file may be the least of your worries; this is where a Clarksburg wrongful death attorney can help.  The team at The Miley Legal Group is here to guide you through the process of filing a claim in a way that respects this difficult time. Many accident victims believe they can get through a legal case on their own, but we believe it is in your best interest to speak with a Clarksburg wrongful death attorney to make sure you have the best possible chance of a positive outcome.

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