What's a “survival action” in a West Virginia wrongful death claim?

A survival action may be included with a wrongful death claim in West Virginia. If you're pursuing compensation for the death of a loved one, it's helpful to consult with an attorney to learn as much about the laws pertaining to the case as possible.  

When a loved one passes away, your family suffers several losses. Examples include financial burden from medical bills, loss of an income, or loss of comfort and companionship. 

A survival action is brought by a family or individual on behalf of the deceased. In many cases, an individual who dies as a result of another's negligence does not die at the time of the accident; they may live for a brief or extended period. When they die, the personal injury claim does not die with them; it survives, hence the name “survival action. 

A survival action differs slightly from a wrongful death claim, although they are often combined. A wrongful death claim is meant to compensate for losses attached to the death itself, while the survival action seeks compensation for loss, pain, and suffering suffered by the deceased before they passed away. 

For example, if an individual dies in a car accident but had been hospitalized before they died, the family may sue on their behalf to collect compensation for medical costs and/or pain and suffering. 

There are aspects of a wrongful death claim that can be complicated. To learn more about survival actions or other relevant topics, speak with your attorney 

Contacting a West Virginia Personal Injury Attorney 

The Miley Legal Group is here to help you understand the legal process required when filing a personal injury or wrongful death claim. Order our free book for tips and advice on what to do following an accident, and call us with any questions you may have. We'll fight for your right to compensation and make sure you're treated fairly. Call 304-326-1800.

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