Are you eligible to receive wrongful death or survival damages?

When someone dies as the result of the actions of another, there are actually two parts to the case that can be brought–(1) a Wrongful Death Action and (2) a Survival Action. A Wrongful Death Action is brought on behalf of the spouse, parents, and children who were dependent upon the person who died for goods or services. A Survival Action is brought on behalf of the estate of the person who died. Often, the beneficiaries are the same for both actions, but not always.

General Information:

Damages that can be sought in a Wrongful Death Action include:

  • The profound emotional and psychological loss suffered on the death of a spouse, parent, or child
  • Loss of care, comfort, society, companionship, guidance, and tutelage
  • Medical expenses
  • Lost value of support and contributions to the family
  • Funeral and related expenses

Damages that can be sought in a Survival Action include:

  • Physical pain and mental suffering of the person who died
  • Lost net earnings and benefits for the expected life of the person who died after deduction for what the person would have spent on himself

Was your loved one’s death a result of negligence?

Wrongful death and survival cases are some of the most complex. They involve not only proving that someone else caused the death, but also complex evidence of damages in each part of the case. At Colarusso and Cohen, we have experience in helping people in even the most complex wrongful death and survival action cases. Call us today for a free evaluation and consultation.