Unlike wrongful death claims, which compensate survivors for their loss, survival actions allow the deceased’s estate to pursue claims the deceased could’ve filed if they had survived. This way, families can still seek justice, as Virginia law recognizes the deceased’s suffering and financial losses up until their death.
There are several distinctions between survival actions and wrongful death claims, and they impact the legal strategy and the potential compensation awarded. Here is what you need to know.
Who Can Bring a Survival Action in Virginia?
In Virginia, only some people can file a survival action. The law specifies who is eligible to bring such claims: individuals with a legal responsibility for the deceased’s estate. They can be categorized as follows:
- Personal representatives: This is a general term encompassing both executors and administrators. Personal representatives are either named in the deceased’s will (executors) or appointed by the court (administrators).
- Executors of the estate: Named in the will, executors execute the deceased’s final wishes and can initiate legal proceedings to recover damages for the estate.
- Administrators of the estate: Appointed by the court when there is no will or the executor cannot serve. They perform similar duties to executors, including pursuing survival action claims on behalf of the estate.
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Virginia’s Survival Action Law
Virginia Code § 8.01-25 explicitly details Virginia’s survival action law, stating that any legal claim can continue even after the death of the person involved (whether the deceased is the one who was harmed or the one accused of causing harm).
However, there are limitations, particularly on punitive damages. Punitive damages aim to punish the wrongdoer, which the court deems less relevant in cases where the harmed individual has already passed away. Consequently, survival actions prioritize financial restitution over punitive measures.
In these cases, the personal representative of the deceased person’s estate is eligible to file a survival action claim, allowing them to seek damages for economic losses and the pain and suffering experienced by the deceased before death.
When looking to file a survival action claim and maximizing compensation, having the right legal representation becomes essential. A lawyer will help you address eligibility concerns, guarantee an appropriate legal strategy, and ensure the claim is correctly managed and pursued.
What Are the Damages for Personal Injury in Virginia?
In a survival action for personal injury in Virginia, you can claim the following types of damages:
- Economic damages: They include medical expenses and lost wages incurred by the deceased before death. These tangible losses are easier to quantify and are directly tied to the injury’s financial impact.
- Non-economic damages: Encompass losses like pain and suffering and mental distress, recognizing the intangible yet substantial impact of the injury on the deceased’s quality of life.
To maximize compensation, our lawyers at Tronfeld West & Durrett work to gather accurate documentation and robust evidence that supports your claim. In fact, legal expertise is crucial to guide the estate through the process of documenting all relevant damages and presenting a compelling case.
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What Is the Difference Between Survival Action and Wrongful Death Claims?
Survival actions and wrongful death claims serve diverse purposes and focus on different aspects of the loss.
On the one hand, as we’ve already covered, a survival action centers on the injuries suffered by the deceased prior to death. It allows you to seek compensation for both economic and non-economic damages the deceased could‘ve claimed themselves if they had survived.
On the other hand, wrongful death claims focus on the impact of the deceased’s death on the survivors. They cover different types of losses, such as loss of companionship, financial support, and other personal impacts.
For families seeking justice, understanding these differences allows them to pursue the correct legal avenue. If you’re unsure of the legal action you could take regarding your case, don’t hesitate to reach out to us. Our lawyers can assess your case and advise you on the best legal strategy to pursue moving forward.
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How Does Emergency Protective Order Work in Virginia?
Emergency protective orders exist to protect the rights and safety of the injured party and their family. Their primary purpose is to provide immediate legal protection for individuals at risk.
To obtain such orders, one must file a petition with the court, which, if granted, provides temporary protection until we establish a more permanent solution.
How Much Are Most Survival Action Settlements?
A survival action settlement will differ greatly depending on the case’s specific circumstances, and it isn’t possible to give an estimate without knowing what your case entails.
However, when determining settlement amounts in survival action cases in Virginia, our lawyers focus on the following factors:
- The severity of the injury: More severe injuries typically lead to higher settlements.
- Duration of the deceased’s suffering: Aiming to recognize the prolonged pain and distress experienced by the deceased, the compensation will differ depending on the duration of the suffering.
- Economic losses incurred: The compensation amount will be higher if there are substantial medical expenses and lost wages.
If you’re wondering what your case’s settlement will be if you pursue a survival action claim, contact Tronfeld West & Durrett for a consultation.
Our Personal Injury Lawyers in Virginia Can Help
To negotiate a fair settlement, it is crucial to have the right legal support by your side. Our experienced attorneys can effectively present the case and argue for a settlement that accurately reflects the losses suffered by your loved one.
With over 50 years of experience, Tronfeld West & Durrett is here to help. We’ve recovered multi-million dollar settlements for countless victims across Virginia, and we can do the same for your family. For more information, please contact us to discuss your case.
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