Losing someone due to another’s actions is overwhelming, and you may hear terms like “wrongful death” and “survival action.” While they sound similar, they serve different purposes under Minnesota law. Knowing the difference can help you understand your options if you face this situation.
Wrongful death claims
A wrongful death claim focuses on the family’s losses. It allows surviving relatives to seek damages when someone dies because of another person’s negligence or misconduct. These damages may include lost income, loss of companionship, and funeral costs. In Minnesota, the court appoints a trustee to bring the case on behalf of the family members who are entitled to compensation.
Survival actions
A survival action is different because it focuses on the losses suffered by the person who died. Instead of compensating the family, it continues the claims the deceased could have brought if they had lived. This may include medical expenses, lost wages, and pain and suffering experienced before death. The recovery in a survival action becomes part of the deceased person’s estate and is distributed according to estate law.
Key differences between the two
The main distinction is who benefits. Wrongful death claims help family members directly, while survival actions benefit the deceased’s estate. Another difference is the type of damages. Wrongful death covers losses families experience, while survival actions cover losses the deceased endured before passing. Both claims can sometimes be brought together, depending on the facts of the case.
Understanding these two legal options helps families know what compensation may be available. Wrongful death may ease the financial burden on loved ones, while survival actions honor the rights of the deceased by addressing their suffering and losses. Together, they can provide a fuller picture of justice in tragic situations.