It is impossible to describe the pain and trauma family members experience when they have lost a loved one due to another party’s wrongful actions. North Dakota law recognizes the injustice of these situations and permits survivors to hold the wrongdoer accountable and recover compensation for their losses.
There are two varieties of legal challenges available to family members and the estate of a departed individual: survival actions and wrongful death lawsuits. Understanding the distinctions between these two types of legal actions can help you know the type of compensation you may be able to recover in your time of need.
What Is a Survival Action?
A survival action is a legal claim brought by the personal representative of the deceased person’s estate. This type of action seeks compensation for the losses the deceased individual suffered between the time of the injury and their passing. In essence, it is a continuation of the legal claim the decedent would have had if they had survived. Survival actions aim to recover damages for medical expenses, lost wages, and the pain and suffering endured by the deceased due to the wrongful act that led to their death.
What Is a Wrongful Death Lawsuit?
In contrast, a wrongful death lawsuit is a claim brought by the surviving family members of the deceased. This legal action seeks to compensate the family for their own losses resulting from their loved one’s untimely death. A wrongful death lawsuit can be filed by the spouse, children, parents, or other relatives who have suffered financially and emotionally due to the loss of their loved one. These claims focus on the damages experienced by the surviving family members rather than the deceased individual.
What Compensation Is Available in Each Type of Challenge?
The compensation available in survival actions and wrongful death lawsuits differs based on the unique circumstances of each case.
In a survival action, the estate may recover damages such as:
- Medical expenses
- Lost wages
- Pain and suffering that the deceased experienced between the time of injury and death
On the other hand, wrongful death lawsuits may seek compensation for the surviving family members’ losses, including:
- Funeral and burial expenses
- Loss of future income and support
- Loss of companionship and guidance
- Emotional distress
How Can Our Attorneys Help?
At Pringle & Herigstad, P.C., our compassionate and experienced attorneys are dedicated to guiding families through the legal process during this challenging time. We understand the complexities of survival actions and wrongful death lawsuits and can help you determine the most effective course of action for your unique situation. Our team will gather evidence, consult with experts, and build a strong case on your behalf to pursue the compensation you and your family deserve. We will handle the legal burdens, allowing you to focus on healing and remembering your loved one.
Contact Our Wrongful Death Attorneys at Pringle & Herigstad, P.C.,
If you have recently lost a loved one in North Dakota due to another party’s negligent or deliberate actions, we at Pringle & Herigstad, P.C., offer our most sincere condolences. We understand how painful life after this kind of loss can feel. We also recognize that no legal action will ever fill the void your loved one’s departure has left. However, we believe that you deserve to hold the at-fault party accountable for the suffering you have experienced, as well as the financial burden your loved one’s death has created. We have dedicated ourselves to fighting for the members of our community for over a century, and we are here for you. Call us today or contact us online for a free consultation.
Pringle & Herigstad, P.C. is committed to supporting individuals in North Dakota, including Grand Forks and Minot, as well as the surrounding areas. Our dedicated team is here to provide legal assistance and guidance to those facing the complex challenges that arise from these incidents.
