Both survival actions and wrongful death actions are available under Wisconsin law. However, there are significant differences between the two different types of claims. Wrongful death and survival damages are completely separate actions that involve different types of damages.
Survival actions concern the conscious pain and suffering, loss of wages, and medical bills that accrued prior to the victim’s death. A deceased person’s estate brings the action on behalf of the deceased. Damages are limited to those that the deceased to which he or she would have been entitled had he or she survived the accident. The deceased person’s heirs, which are defined by statute or the person’s will, ultimately end up becoming to any award of damages received through a survival action. For example, suppose an individual is severely injured by an accident with a drunk driver, but dies a few months later of completely natural causes. In this case, the estate of the individual can pursue the damages to which the victim would have been entitled, if he or she had lived.
On the other hand, wrongful death claims are based on the injuries or damages that certain family members of the deceased sustain after the victim’s death. These damages might include emotional pain and suffering, loss of future earnings and income, loss of inheritance, and loss of care and companionship. Wrongful death suits, however, sometimes also involve certain survival actions. In the context of a wrongful death action, one category of damages sought might be the medical expenses and pain and suffering of the victim prior to his or her death.
Both wrongful death and survival actions, along with general personal injury actions, are subject to a statute of limitations. This means that you are limited to certain timeframes during which you can file these types of lawsuits. If you fail to meet these timeframes, then you may lose your opportunity to get compensation for your losses.
Depending on the facts of your situation, you may be entitled to compensation from those who negligently caused the accident, either through a personal injury claim, a survival action, or a wrongful death action. Call Boller & Vaughan today at (608) 268-0268, or contact us online to set up an appointment with one of our Wisconsin personal injury attorneys, and see what we can do for you.
A recent CBS news article details a study of the effects of traumatic brain injuries (TBI), which are common injuries that an individual suffers in motor vehicle accidents. As a result, TBI is often one […]
Wrongful death claims are civil actions, which generally do not result in incarceration or other criminal penalties. In a wrongful death action, you are restricted to seeking financial compensation for your losses as a result […]
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
