The Differences Between Wrongful Death And Survival Action Cases

July 29, 2024 / Wrongful Death

Losing a loved one is never easy, especially when their passing could have been prevented. Amidst their grief, families often feel uncertain about their legal options for holding accountable those who were responsible. In Indiana, there are two primary legal avenues in such situations: wrongful death claims and survival actions. Although they may appear similar, each serves a distinct purpose and follows different rules under Indiana law.

What Is a Wrongful Death Claim?

A wrongful death case is initiated when a person dies due to the fault of another party, such as negligence, recklessness, or intentional harm. The purpose of a wrongful death lawsuit is to provide compensation to the deceased person’s survivors for their losses. These survivors typically include spouses, children, and sometimes parents or other dependents.

Who Is Eligible to File a Wrongful Death Claim in Indiana?

Eligibility to file a wrongful death claim in Indiana depends on the death in question, i.e., whether the fatality involves an adult or a child.

The Wrongful Death of an Adult

In Indiana, only a personal representative, typically the executor of the will, can file a wrongful death claim for a deceased adult. This representative acts on behalf of the surviving family members or the estate. If the deceased had a spouse or children, Indiana law allows them to recover damages, but the representative must initiate the lawsuit.

The Wrongful Death of a Child

In Indiana, a child is defined as an unmarried person under 20 or under 23 if they attended postsecondary education. Various parties can file a wrongful death claim for a child, including one or both parents or the child’s legal guardian, depending on custody arrangements or parental rights.

What Elements Are Needed in Proving Wrongful Death?

To prove wrongful death claims, you need to establish the defendant’s negligence or wrongful actions by:

• Demonstrating the Defendant’s Duty of Care: This involves showing that the defendant had a responsibility to act to prevent harm to others.
• Establishing Breach of Duty: You must prove that the defendant failed to meet their duty of care.
• Establishing Proximate Cause: It’s crucial to demonstrate a direct link between the defendant’s breach of duty and the death — for example, negligent driving directly causing a fatal accident.

Courts gauge the defendant’s actions against the standard of a reasonable person under similar circumstances. This helps determine whether the defendant acted negligently.

Types of Compensation Available in Indiana Wrongful Death Claims

The compensation in Indiana wrongful death claims address different aspects of the loss experienced by the surviving family members.

1. Medical Expenses: Compensation for medical bills incurred as a result of the injury that led to the death, including hospital stays, surgeries, medications, and other healthcare costs.
2. Funeral and Burial Expenses: Costs associated with the funeral and burial services of the deceased.
3. Loss of Financial Support: Compensation for the loss of the deceased’s income and financial support that the family relied upon. This can include the future earnings the deceased would have contributed to the family.
4. Loss of Services: The value of services the deceased would have provided to the household, such as childcare, housekeeping, and maintenance.
5. Loss of Love and Companionship: Compensation for the emotional pain and suffering endured by the surviving family members due to the loss of their loved one’s companionship, care, and affection.
6. Loss of Consortium: For spouses, this includes losing marital benefits, including companionship, affection, and sexual relations.

What Is a Survival Action?

A survival action is a lawsuit that “survives” the deceased, meaning it is filed on behalf of the deceased’s estate. It seeks to recover damages that the deceased would have been entitled to claim had they lived through the incident. In essence, while plaintiffs in a wrongful death case seek compensation for the damages they have suffered due to the loss of a family member, plaintiffs in a survival action seek compensation for the harm done to the deceased.

What Do I Need to Prove in a Survival Action Claim?

To succeed in a survival action claim, several key elements must be established:

Legal Representation

First, you must demonstrate that you are the duly appointed legal representative of the deceased. This involves providing documentation or court authorization confirming your status as the representative of the deceased’s estate.

Cause of Action

It’s essential to establish that the deceased had a valid cause of action at the time of their passing. This entails identifying the legal grounds or basis upon which the deceased could have pursued a claim or lawsuit had they survived. Whether it’s negligence, breach of contract, or another legal theory, you need to show that the deceased had a legitimate right to seek redress for the harm they suffered.

Causation of Death

Equally significant is proving that the defendant’s negligence or wrongful actions directly contributed to the death of the deceased. This requires presenting evidence linking the defendant’s conduct to the fatal outcome. Depending on the circumstances, this may involve witness testimony, expert analysis, or documentation demonstrating the events leading to the death.

Types of Compensation Available in Indiana Survival Action Claims

Under Indiana Code § 34-9-3, the estate in a survival action can be compensated for:

• Medical expenses incurred due to the injury that led to death
• Pain and suffering suffered by the deceased before death
• Lost wages and benefits the deceased would have earned if they had survived.

Differences Between Wrongful Death and Survival Action Claims

There are key differences between survival laws and wrongful death laws. Here’s a breakdown of these differences:

• Purpose of the Claim: Wrongful death aims to compensate surviving family members, whereas survival actions seek to recover damages the deceased could have claimed.
• Types of Damages: Wrongful death claims commonly include funeral expenses and loss of companionship, unlike survival actions.
• Who Can File: Wrongful death claims are typically initiated by surviving family members, while survival actions are brought forth by the representative of the deceased’s estate.

Time Limit on Filing Wrongful Death and Survival Claims in Indiana

Both wrongful death and survival claims are subject to Indiana’s personal injury statute of limitations. According to this statute, any civil action arising from a wrongful death must be filed within two years from the date of death. Similarly, a survival action must be filed within two years from the date of the negligent act that caused the injury.

Failing to meet this crucial deadline will likely result in the case being dismissed. Given the limited two-year time frame, contacting an experienced Indiana wrongful death attorney is essential if you believe you have a case.

How Stephenson Rife Can Help With Your Case

After a tragic loss, seeking legal recourse may be the last thing on your mind. However, holding the responsible parties accountable and obtaining the compensation you deserve can provide you and your family a sense of justice and financial stability. Here is how we can help your case.

Comprehensive Legal Representation

Our wrongful death and survival attorneys have experience handling wrongful death and survival action cases. Our Indiana wrongful death attorneys are well-versed in the intricate laws and regulations surrounding these claims.

Thorough Investigation

In wrongful death and survival action cases, thorough investigation is key to building a strong legal argument. Our team at Stephenson Rife will comprehensively review the facts and evidence surrounding your case. We will work with top experts in various fields, such as medical and accident reconstruction specialists, to gather the evidence to support your claim.

Skilled Negotiation and Litigation

While we try to reach a fair settlement through negotiation, we are ready to take your case to court if necessary. Our lawyers are skilled litigators with a proven track record of success in the courtroom. We will advocate on your behalf, presenting a compelling case and fighting for the compensation you deserve.

Contact Stephenson Rife for Support Today

Whether you are pursuing a wrongful death claim to seek justice for your loss or a survival action to address the suffering your loved one endured, the time to act is now. At Stephenson Rife, we are dedicated to guiding you through these difficult times.

Contact us today at (317) 680-2501 to discuss your case and learn how our attorneys will fight for you and get the compensation you deserve.