Survival Actions Vs Wrongful Death Claims
When someone dies because of another person’s negligence, Minnesota law gives families two separate legal options. Most people don’t realize these are completely different claims. They serve different purposes, compensate different losses, and go to different beneficiaries. If you’re dealing with the loss of a loved one, you need to understand both.
Wrongful Death Claim Basics
This type of claim compensates surviving family members for what they’ve lost. It’s about your losses. The financial support you won’t receive. The companionship that’s gone. The guidance you’ll never get again. Under Minnesota Statutes Section 573.02, only certain people can file a wrongful death lawsuit. The law’s pretty specific about this.
The surviving spouse gets first priority. No spouse? Then the children can file. If there aren’t any children, parents may bring the claim. Sometimes next of kin have the right to pursue it. These claims cover:
- Loss of financial support and benefits
- Loss of companionship and emotional support
- Loss of guidance and counsel
- Funeral and burial expenses
Here’s what matters: the money goes directly to surviving family members. It doesn’t become part of the deceased person’s estate.
Defining A Survival Action
A survival action represents the claim your loved one would’ve had if they’d survived. You’re essentially stepping into their shoes and pursuing the case they can’t bring themselves to.
The personal representative of the estate files these claims. Whatever compensation is recovered becomes part of the estate. Then it’s distributed according to the will or Minnesota’s intestacy laws if there wasn’t one. Survival actions compensate for what the deceased person went through between injury and death. Maybe they were hospitalized for weeks. Maybe they endured surgeries and treatments. It covers:
- Medical bills and treatment costs
- Pain and suffering before death
- Lost wages during the survival period
- Property damage
If your loved one lived for any length of time after the initial injury, a survival action captures those losses.
Key Differences Between The Two Claims
The biggest distinction? Whose losses get compensated? Wrongful death is about what the family lost. Survival actions are about what the deceased person endured. Who controls each claim differs, too. A Burnsville wrongful death lawyer represents eligible family members in wrongful death cases. For survival actions, only the estate’s personal representative has standing to file. Nobody else can do it. The statute of limitations varies slightly. You’ve got three years from the date of death for wrongful death claims. Survival actions follow personal injury timelines, which are typically three years from when the injury happened.
Filing Both Claims
Yes. You can pursue both simultaneously, and honestly, you often should. When substantial medical bills piled up before death, a survival action makes sense. When your loved one suffered considerably, both claims together provide fuller compensation. Working with Bennerotte & Associates, P.A. means having attorneys who understand how to maximize recovery through both claim types. Each serves its own purpose. Together, they address more of the losses your family’s facing.
Why This Distinction Matters
Insurance companies won’t always explain this clearly. Sometimes they’ll try to confuse families about which damages belong where. That confusion benefits them, not you. Some families desperately need survival action funds to cover medical bills and estate debts. Others need wrongful death compensation for ongoing support. A Burnsville wrongful death lawyer helps you handle both processes effectively and protects your interests in each.
The distinction affects taxes, too. It changes how funds get distributed among family members. Wrongful death proceeds typically pass directly to beneficiaries without going through probate. Survival action recoveries flow through the estate, which means they’re subject to creditor claims and estate distribution rules. Pursuing every available legal remedy provides some financial stability when you need it most. Getting legal help early in the process protects your rights under both types of claims and gives you the best chance at fair compensation for all you’ve lost. Contact us today.