In Wisconsin, a survival action vs. a wrongful death claim involves different legal steps. A survival action focuses on what the person went through before they died, while a wrongful death claim helps family members get compensation for their loss.
When someone else’s actions lead to a fatality, the deceased individual’s estate may file a survival action, while their family members can file a wrongful death claim. Though both legal actions are tied to the same event, they serve different purposes and address different types of damages.
Our Milwaukee wrongful death lawyers will help you understand the distinction and guide you in choosing the right claim for your situation.
What is a Survival Action in Wisconsin?
A survival action in Wisconsin allows the deceased person’s estate to bring a lawsuit for any harm that the person suffered before they died. These actions are meant to recover damages that the deceased person would have been entitled to recover had they survived.
This might include:
- Medical bills
- Lost income
- Pain and suffering
- Other incident-related damages the decedent experienced
Survival actions can be brought only by the deceased person‘s estate. This means the representative or executor of the estate is responsible for filing the claim.
The damages recovered from a survival action go to the deceased person’s estate, not directly to the surviving family members.
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What is a Wrongful Death Claim in Wisconsin?
A wrongful death claim in Wisconsin allows surviving family members to pursue damages for the emotional and financial loss they experienced due to their loved one’s death.
This claim is focused on compensating relatives for their loss, including things like loss of companionship, financial support, and funeral expenses. Unlike a survival action, wrongful death claims do not cover the pain and suffering the deceased person endured before death.
The claim is typically filed by the surviving spouse, children, or other close family members, depending on who is legally entitled to the claim. The damages awarded in a wrongful death case are intended to compensate the family for their loss, and they go directly to the surviving family members.
Key Differences Between Survival Actions and Wrongful Death Claims
While both types of claims can arise from the same incident, here are the key differences:
- Who can file:
- Survival action: The estate of the deceased person files the claim.
- Wrongful death claim: Surviving family members (spouse, children, or others) file the claim.
- Purpose:
- Survival action: To recover damages for the deceased person’s suffering before death
- Wrongful death claim: To compensate surviving family members for their loss
- Damages sought:
- Survival action: Includes damages like medical bills, lost wages, and pain and suffering that the deceased experienced
- Wrongful death claim: Includes damages for the emotional and financial loss of family members, such as loss of companionship, financial support, and funeral expenses
Navigating these types of claims can be tricky, especially when you’re dealing with grief and loss. Many people try to handle the process on their own but end up making mistakes. Hiring a lawyer who has experience with both claims helps ensure you stay on the right track.
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How a Lawyer Can Help with Survival Actions and Wrongful Death Claims
We help families facing the complex legal process after losing a loved one. Our Milwaukee personal injury lawyer will review your situation and file your case on time if you choose us to represent you.
Our law firm can assist you by:
- Determining the right claim: We will advise you on whether a survival action or wrongful death claim is more appropriate for your situation.
- Filing the claim: Our team of legal professionals will handle the paperwork and filings and meet all deadlines and requirements.
- Negotiating with insurance companies: Insurance companies may try to minimize your payout. We will manage talks with them and pursue the maximum compensation you deserve.
- Providing support and guidance: The legal process can be overwhelming, especially after the loss of a loved one. You can rely on us to support you and guide you through each step of the process.
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What Happens if Both Types of Claims are Filed?
In some cases, it’s possible to file both a survival action and a wrongful death claim at the same time. While they are two separate claims, they can be filed together because they address different types of damages.
Filing both claims can help ensure that all possible damages are addressed. However, the process can be complicated. It’s important to understand how these two claims work together and how to file them properly. We can handle both types of claims for you.
What’s the Deadline for Wrongful Death Lawsuits in Wisconsin?
If you want to pursue a wrongful death claim in Wisconsin, you have a limited time to do it. In Wisconsin, the statute of limitations deadline for wrongful death cases is:
- Three years from the date of the person’s death if it doesn’t involve a non-fatal motor vehicle accident, per Wisconsin Statute § 893.54(1m)(a).
- Two years from the person’s date of death if a fatal motor vehicle accident is involved, per Wisconsin Statute § 893.54(2m).
We urge you to reach out to us as soon as possible so we can take action on your behalf right away. If you miss the deadline, you won’t be able to move forward with your case.
We Can File Your Survival Action or Wrongful Death Claim
Knowing the difference between a survival action vs. a wrongful death claim in Wisconsin is important for understanding your rights and making sure you get the right compensation for your loss. Gruber Law Offices is ready to support you.
Our firm, headquartered in Milwaukee, has helped thousands of clients across Wisconsin handle legal challenges for over 40 years. With over 130 legal professionals and the resources needed to take on insurance companies, we can handle even the most complex cases.
We work on a contingency fee basis, meaning you don’t pay us anything upfront for us to work on your case. There’s never a fee until we win. When you make “One Call…That’s All,” we will do the rest to support your family and seek the compensation you deserve. Contact us today for a free consultation.
Call or text 414-276-6666 or complete a Free Case Evaluation form
