What is The Difference Between a Survival Claim and a Wrongful Death Claim? | 864-226-7222


What is the difference between a
survival claim and a wrongful death claim under South Carolina law? My name’s
Christopher Pracht, I’m a trial lawyer for Anderson, South Carolina. Today I wanna talk to you about a very
complicated issue regarding wrongful death and
survival claims, and that is “what is the difference between the two?” A survival claim compensates the estate of the deceased or passed away person for injuries they suffered from the time
of the crash or accident, until the moment they
passed away. So, for example, if you were in a
motorcycle crash, and you were in the hospital for 10 days
before ultimately passing away, the survival claim would encompass all of your medical bills, pain, suffering, and other loss related to the time between the injury and the moment you passed away. The wrongful death claim compensates
your family members for the loss of your companionship, your knowledge and experience, the grief and
sorrow they suffered, any lost wages that they would be entitled to in the
future. All of those fall under the umbrella of the wrongful death claim. Now, what are
the differences between who recovers from a survival and a
wrongful death claim? Under a survival claim, whoever is named in the deceased person’s last will and
testament will receive all the proceeds from any survival claim. In a very different fashion, under the
wrongful death claim, the individual statutory
beneficiaries under the South Carolina intestacy statute will recover the benefits flowing from a
wrongful death case. This could include a wife, a husband,
children, it just depends on the specific family
circumstances of the case. But, it’s important to remember the big
difference between a survival case and a wrongful death
case is a survival case compensates the deceased person’s estate for losses they suffered prior to their
death, and the wrongful death cause of action compensates family
members for the loss after death. If you have any further
questions on this point, please feel free to give us a call 864-226-7222 or you can always reach out to us on the
web at www.TandPLegal.com

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