What Are the Differences Between a Survival Action and a Claim for Wrongful Death?
When someone dies due to another person’s negligence, there are often two types of legal claims that might come into play: a survival action and a wrongful death claim. If you’re grieving and wondering what your legal rights are, these two terms can sound confusing and maybe even interchangeable — but they’re not. In Minnesota, understanding the difference is key to making sure your loved one’s legacy is honored and that your family is fairly compensated.
Below, we’ll break down both legal actions and explain how they work, who can bring them, and how an experienced Minneapolis medical malpractice lawyer like Mark Perron can help.
Understanding Wrongful Death Claims
What is a Wrongful Death Claim?
A wrongful death claim is a lawsuit brought on behalf of family members who have lost a loved one due to someone else’s negligence or misconduct. It’s essentially a way to seek compensation for the impact the death has had on surviving relatives — emotionally, financially, and otherwise.
These claims often follow incidents like medical malpractice, fatal car accidents, workplace injuries, or defective products.
Who Files a Wrongful Death Claim?
In Minnesota, a trustee is appointed by the court to bring the wrongful death claim on behalf of the next of kin — usually the spouse, children, or parents of the deceased. The damages recovered go directly to these family members.
What Does It Cover?
Wrongful death damages can include:
- Loss of companionship, guidance, and support
- Funeral and burial expenses
- Loss of the deceased’s future earnings or household services
- Emotional suffering of the surviving family
It’s all about compensating the loved ones for what they’ve lost due to the premature death.
What Is a Survival Action?
How a Survival Action Is Different
A survival action is a legal claim that the deceased person could have filed themselves if they had lived. Instead of compensating the family for their loss, it seeks damages for what the deceased experienced before death — like pain and suffering, lost wages, or medical bills.
In other words, the claim survives the person, hence the name.
Who Files a Survival Action?
This type of claim is usually brought by the personal representative or executor of the deceased’s estate. Any damages awarded go to the estate and are then distributed according to the person’s will or state probate law.
What Can Be Recovered?
Survival actions can seek compensation for:
- The deceased’s conscious pain and suffering
- Medical expenses before death
- Lost wages from the time of injury until death
- Property damage or other financial losses experienced before passing
If the individual lived for any period of time after the negligent act — even hours or days — a survival action may apply.
Why the Distinction Matters
You might be wondering — can we file both? Often, yes. And doing so ensures that all potential damages are accounted for.
Different Damages, Different Beneficiaries
The biggest difference comes down to who the compensation is for:
- A wrongful death claim compensates surviving family members.
- A survival action compensates the deceased’s estate for what they personally went through.
In some cases, both types of claims can be filed side-by-side. That’s where a skilled Minneapolis medical malpractice lawyer really earns their keep — knowing how to structure both claims for the best possible outcome.
The Role of Timing and Evidence
Survival actions rely heavily on medical records, witness accounts, and sometimes even expert testimony to show what the person endured before dying. Timing also matters. If death was instantaneous, a survival action may not apply. But if there was a window of time in which the person was suffering, even briefly, it may be valid.
Wrongful death claims, meanwhile, hinge on demonstrating how the death has altered the lives of those left behind — and that’s often more about storytelling, financial documentation, and testimonies from loved ones.
Real-World Example
Let’s say someone was misdiagnosed at a hospital and sent home. Two days later, they died of a heart attack caused by the untreated condition.
- A survival action could seek damages for the pain and suffering endured during those two days, plus any missed wages and medical bills.
- A wrongful death claim would address the spouse and children’s loss of income, guidance, and companionship.
Filing both claims ensures nothing gets left on the table.
Do You Always Need a Lawyer?
Short answer: Yes. These cases are often emotionally charged, legally complex, and involve multiple parties — hospitals, insurance companies, sometimes even government agencies.
An experienced Minneapolis medical malpractice lawyer like Mark Perron can walk you through the entire process, from identifying which claims are appropriate to building a case that gets the compensation your family deserves. At Perron Law Office, we understand that these aren’t just legal issues — they’re personal tragedies. And we treat them that way.
Final Thoughts: Which Path Is Right for You?
If you’re dealing with the loss of a loved one due to negligence, you don’t have to choose between a wrongful death claim and a survival action on your own. The right legal guidance will help you pursue both if necessary — ensuring that your family is supported, and your loved one’s story is fully told.
Mark Perron and the team at Perron Law Office are here to help. We know Minnesota law inside and out, and we’ll handle the hard legal work while you focus on healing.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.
