Understanding Wrongful Death and Survival Claims with Folkman Law

Understangding Wrongful Death and Survival Claims

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When you lose a loved one due to someone’s negligence or misconduct, the emotional and financial turmoil can be overwhelming. Understanding your legal rights during this tough time is essential. You may have grounds for a wrongful death claim and, depending on the jurisdiction, a survival action. Wrongful death claims seek compensation for the beneficiaries’ losses, including funeral costs and loss of companionship. Survival claims focus on the decedent’s pain and suffering before their death. Engaging with Folkman Law can guide you through this complex process with compassion and competence.

Definition and Distinctions: Wrongful Death vs. Survival Claims

When you’re grappling with the aftermath of a loved one’s unexpected passing, understanding your legal options is crucial. Wrongful death claims are pursued by the deceased’s dependents or beneficiaries, aiming to recover damages for their losses, like loss of companionship and financial support. In contrast, survival claims are filed by the estate of the deceased, seeking compensation for the pain and suffering, medical costs, and lost wages the deceased endured from the time of injury to the time of death. These two types of claims address different harms resulting from the same tragic circumstance.

Legal Framework Surrounding Wrongful Death Claims

When you face the tragedy of a wrongful death, understanding the legal framework is crucial. Each state has statutes defining who may file a claim, often immediate family members or estate representatives. The claim must prove negligence, recklessness, or intentional conduct led to the death. There are limitations on the types of damages recoverable, which can include lost wages, funeral expenses, and loss of companionship. Time limits—statutes of limitations—also apply, constraining the window to pursue a lawsuit. Seek seasoned legal guidance to navigate these complex legal waters.

Understanding Survival Claims: Rights and Limitations

When you’re navigating the aftermath of a loved one’s untimely death, understanding survival actions is crucial. Unlike wrongful death claims, which seek compensation for the survivors’ losses, survival claims are pursued on behalf of the deceased’s estate for the wrongs they suffered before death. Here’s what you need to know:

  • Rights: If your loved one suffered before ultimately succumbing to their injuries, the estate may be entitled to recover damages that the deceased could have pursued if they had lived. This can include compensation for their pain and suffering, medical expenses, and lost wages incurred between the time of the injury and the time of death.
  • Limitations: There are time limits, known as statutes of limitations, which dictate when a survival action must be filed; these vary by state. Furthermore, only the estate representative, usually determined by the will or state law, may file a survival action if there’s no will.


Remember, survival claims are a separate legal action from wrongful death claims. Ensure the estate’s rights are protected by consulting with experienced legal professionals.

Criteria for Filing a Wrongful Death Claim with Folkman Law

To file a wrongful death claim with Folkman Law, you must meet certain criteria:

  • Relationship to the Deceased: You must be a close relative, typically a spouse, child, or parent.
  • Proof of Negligence: Establish that the death resulted from someone else’s negligent or intentional act.
  • Establish Harm: Demonstrate that you have suffered measurable damages from losing your loved one.
  • Statute of Limitations: Ensure your claim is filed within the legal time frame set by the state’s statute of limitations.


Seek the competence of Folkman Law to guide you through the complexities of your claim.

The Legal Process: How Folkman Law Handles Your Case

You become our top priority when you trust Folkman Law with your wrongful death and/or survival claim. Initially, we engage with you to understand the details of your case. Here’s how we proceed:

  1. Case Evaluation: We carefully assess the case facts, investigate the cause of death, and establish the liable parties.
  2. Investigations: Our legal team conducts thorough investigations to collect all relevant evidence.
  3. Filing the Claim: We meticulously prepare and file legal documents for your wrongful death or survival action.
  4. Negotiations: With your best interests in mind, we negotiate with defendants and insurers for a fair settlement.
  5. Litigation: If settlement talks stall, we will actively represent you in court to seek justice.


Throughout this complex journey, Folkman Law ensures that you are informed and supported every step of the way.

Damages and Compensation in Wrongful Death and Survival Actions

When you lose a loved one due to someone else’s negligence, you may seek damages through wrongful death and survival actions. In wrongful death claims, you can recover compensation for:

  • Loss of financial support the deceased provided
  • Loss of companionship and protection
  • Mental anguish and emotional pain

Survival actions, on the other hand, allow you to pursue damages your loved one could have claimed if they had survived, such as:

  • Medical expenses incurred before death
  • Pain and suffering endured before death
  • Lost wages from the time of injury to death


Both types of claims alleviate the financial and emotional toll of your loss.

Why Choose Folkman Law for Your Wrongful Death and Survival Claims Case

When you entrust Folkman Law with your wrongful death and/or survival claim, you’re choosing:

  • Core Competency: A team seasoned in complex litigation, well-versed in the nuances of wrongful death and survival actions.
  • Compassion: Attorneys who understand the sensitivity of your situation and offer empathetic, personalized counsel.
  • Results: A proven track record of securing substantial settlements and verdicts for our clients.
  • Support: Comprehensive support that encompasses every aspect of your case, from investigation to courtroom representation.
  • Accessibility: Direct access to your attorney, ensuring you’re informed and involved at every step.


Choose Folkman Law to advocate fiercely for your rightful compensation.

Navigating Your Legal Journey with Competence and Empathy

As you embark on the difficult journey of pursuing wrongful death and survival claims, remember that it’s not just about legal strategies but also about handling these matters with humanity. Your emotional involvement is recognized and respected at every step. Trust in Folkman Law to guide you with legal prowess and the compassion you deserve during this challenging time. Stay informed, stay supported, and walk this path with a team that understands your legal complexities and personal hardships.


1: What is a wrongful death claim?

A wrongful death claim is a legal action pursued by the dependents or beneficiaries of a deceased person, aiming to recover damages for their own losses due to the death, including loss of companionship, financial support, and funeral expenses.

Survival claims are filed by the estate of the deceased and seek compensation for the pain, suffering, medical expenses, and lost wages the deceased endured from the time of injury to the time of death. Unlike wrongful death claims, they focus on the decedent’s experiences before death rather than the survivors’ losses.

Typically, close relatives of the deceased, such as a spouse, child, or parent, are eligible. They must prove that the death resulted from someone else’s negligent or intentional act and that they have suffered measurable damages due to the loss.

Both wrongful death and survival claims are subject to statutes of limitations, which vary by state. Filing within this legal timeframe is crucial to ensure your claim is considered.

In wrongful death claims, damages can include loss of financial support, loss of companionship, and emotional pain. Survival actions may recover damages for medical expenses, pain and suffering, and lost wages incurred before death.