Wrongful Death Attorney

You may be familiar with the idea that, if a person dies as the result of a personal injury, his or her estate can bring what is called a wrongful death lawsuit. You may also have heard of the legal case called a survival action. But what really is the difference between the wrongful death action and the survival action?

Both wrongful death and survival actions are statutory and strictly governed by state law. This means that they exist because the states passed laws (statutes) that allowed these types of claims. Before those state laws existed, a deceased's personal injury claim died with the deceased; a deceased's estate had little or no right to pursue a personal injury claim after the death of the deceased.

Wrongful Death Actions

Because wrongful death lawsuits are strictly governed by state law, each state has its own specific state laws and procedures. However, several issues are common to all states' wrongful death laws, such as:

• who can file a wrongful death lawsuit on behalf of the deceased's estate
• how a person gets appointed to represent the estate
• what types of damages are allowed in a wrongful death case

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