Is a Survival Action the Same as a Wrongful Death Claim?

 Posted on March 18, 2025 in Personal Injury

Avoidable accidents cause fatalities every day in Illinois. Some deaths are the result of someone else’s intentional actions. Surviving family members are left to cope with their multiple losses, often experiencing anger toward the situation or person that caused the death. While money cannot fill the void your loved one’s death left in your life, a wrongful death claim could provide funds to ease your financial burdens.

While most people have heard of wrongful death claims, even if they are unsure about the specifics, not everyone is familiar with survival actions. While both types of legal claims can stem from a death, they have fundamental differences. Your knowledgeable Cook County, IL wrongful death attorney can evaluate your situation, determine your eligibility to file these claims, and work toward maximum compensation on your behalf.

What Is a Survival Action?

The best way to explain a survival action is to use an example. Suppose your newly deceased family member’s name was Alex, who was a wife and mother. Alex may have sustained severe injuries in a motor vehicle accident caused by a drunk driver or as the result of an assault. Alex’s medical team valiantly attempted to save Alex’s life with multiple surgeries and intensive care. Alex was in excruciating pain during her time in the hospital and was extremely depressed about the possibility of your young children growing up without her. After 20 days, Alex’s fears were realized, and she passed away.

Had Alex survived, she likely could have pursued a personal injury claim against the person who caused her injuries. Although she passed away, her eligibility to file that claim survived her death. As her immediate family member, you may be eligible to file a survival action on her behalf.

A survival action does not address the family’s losses, only those of the deceased. In Alex’s case, the damages would probably include property damage, medical expenses, depression, and other forms of pain and suffering. Those same damages could be available to her eligible survivors through a survival action. Funeral and burial costs could also be covered.

What Losses Could a Wrongful Death Claim Cover?

Damages in wrongful death cases are intended to compensate survivors for their own losses. Alex worked, providing income to support your family and healthcare insurance through her employment. She provided your children with guidance and support; she may have also provided your children with an inheritance had she lived longer. She also performed several services to support your household. You have lost a companion, and you are left to deal with your grief as well as your children’s.

Your losses and those of your children are tremendous, not only financially, but emotionally as well. A wrongful death claim could give you financial stability as you and your children adjust to life without Alex. In addition, while no amount of money can make up for your loss, holding the at-fault party accountable through these claims is a form of justice.

Contact Our Compassionate Barrington, IL Wrongful Death Attorneys

The tragic loss of your loved one cannot be undone, but a skilled Lake County, IL personal injury lawyer from Barrington Injury Attorneys can help you secure the compensation you deserve. Contact us through a confidential online message or by calling 224-900-HURT to request your complimentary case evaluation today.