Klest Injury Law Firm
Fighting For The Injured For More Than 30 Years A Chicago Law Firm
Free Case Consultations
312-380-5467
Northwest Suburbs: 847-380-3309
Toll Free: 866-264-7639
Get A Free Case Evaluation

A survival action goes beyond a wrongful death

A wrongful death case is usually, at its core, fairly simple. It generally just means that negligence was shown by one party and it led to the death of the other. For example, this could be used after medical malpractice or a doctor's error leads to the passing.

However, a survival action is an addition to the lawsuit that can go above and beyond the wrongful death alone. It also takes into account the person's other losses before he or she passed away. This could include the loss of wages if the person could not work or damages like pain and suffering if he or she was injured before the passing.

For example, if someone dies in a car accident, that may be enough for a wrongful death lawsuit in Illinois, which could happen if the person passed away at the scene. However, what if he or she lived for six months after the crash, in great pain, and the person was confined to the hospital? The person may have eventually died from the injuries, which still stem from the accident, but he or she also had to suffer in the hospital for six months and was not able to work during that time, resulting in financial losses.

A survival action essentially makes the distinction that not all wrongful deaths are the same. If the person had pulled through and lived, he or she may have sued for lost wages and pain and suffering anyway. Family members are not always denied that right simply because the person did not survive, so they can then set up the lawsuits to reflect this.

When starting a lawsuit, you must know all of your legal options for compensation.

Source: Illinois Trial Lawyers Association, "Beware! The pitfalls of wrongful death and survival actions," Miranda L. Soucie and James D. Spiros, accessed May. 07, 2015

No Comments

Leave a comment
Comment Information

No Nonsense Approach - A Client Testimonial

"Attorney Klest is a very knowledgeable attorney with a no nonsense approach derived from his growing up in the City Of Chicago and working his way thru college, law school and starting his own practice.

I am VERY pleased with how he handled my case and also praise his support staff as well.”

View More Testimonials

Let’s Get Started Today

Call 312-380-5467 or fill out our short E-mail form for a FREE case consultation where we'll review your case details and determine the best course of action to take.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Free Consultation

Free Guide

Free Accident Guide Book

Illinois Injury Law: A Reference Guide for Accident Victims is a free book designed to help accident victims and Booktheir families navigate the legal process.

More on our FREE guide

Record Verdict

Klest Wins $28 Million Abuse Verdict

The Klest Law Firm announced a milestone victory for sexual abuse victims when they received a $28,000,000 verdict in the matter of Snyder v. Kenny.

More on this record case

Schaumburg Office
1701 E. Woodfield Road
Suite 909
Schaumburg, IL 60173

Phone: 847-380-3309
Fax: 847-969-9514
Map & Directions

Chicago Office
11 W. Illinois St.
4th Floor
Chicago, IL 60654

Phone: 312-380-5467
Map & Directions

Klest Injury Law Firm

Contact us for a FREE consultation:

Toll Free: 866-264-7639