Sure! Let's start by understanding the key differences between wrongful death and survival actions in Boston, MA.
Wrongful Death Actions:
Wrongful death actions are legal claims brought by the surviving family members or beneficiaries of a deceased person against the party responsible for their death. These claims seek compensation for the losses suffered as a result of the death, including financial and emotional damages.
For example, let's say a pedestrian is fatally injured in a car accident caused by a negligent driver. The deceased's spouse, children, or parents may file a wrongful death action against the driver to seek compensation for funeral expenses, loss of financial support, loss of companionship, and other related damages.
Survival Actions:
Survival actions, on the other hand, are legal claims that arise from personal injury claims that the deceased person could have pursued if they had survived. These claims allow the estate of the deceased person to seek compensation for the injuries and damages suffered by the deceased prior to their death.
For instance, imagine a scenario where a person sustains severe injuries in a workplace accident and later passes away due to those injuries. In this case, the personal representative of the deceased person's estate may file a survival action to pursue compensation for medical expenses, pain and suffering, lost wages, and other damages that the deceased would have been entitled to had they survived.
Key Differences:
The main difference between wrongful death and survival actions lies in the nature of the claims and the parties who can bring them. Wrongful death actions are brought by the surviving family members or beneficiaries, seeking compensation for their own losses resulting from the death. On the other hand, survival actions are brought by the estate of the deceased person, seeking compensation for the damages the deceased suffered prior to death.
It's important to note that both wrongful death and survival actions can be pursued concurrently in Massachusetts, allowing the family members and the estate to seek compensation for their respective losses.
I hope this clarifies the difference between wrongful death and survival actions in Boston, MA! For more detailed information, it's always recommended to consult with a qualified attorney who specializes in personal injury and wrongful death cases.