Category: Wrongful Death

March 28, 2017 / Wrongful Death

The Differences Between Wrongful Death and Survival Action Cases

If you are considering a wrongful death action, you may have heard about a survival action, and thus have questions about the differences between the two legal situations. We at Stephenson Rife are here to help you understand your options. Both wrongful death actions and survival actions are governed by state law. In Indiana, you are allowed to pursue both wrongful death actions and survival actions. Before state laws existed, any personal injury claim died when the deceased passed on. There was virtually no right to pursue personal injury claims after death back then. The first general wrongful death statute in Indiana was enacted in 1852. What Is a Wrongful Death Action? Wrongful death statutes allow the deceased’s estate to be awarded[...]