Wrongful Death Claims vs. Survivor Claims

Wrongful death claims and survivor claims sound similar, but they’re two very separate things. In Virginia, a wrongful death claim does not belong to the person who tragically passed away. A wrongful death claim belongs to the survivors of the person who passed away and the law In Virginia, the Virginia Wrongful Death Act spells out who those survivors are, who those people who are eligible to receive money are, and what things can be claimed and considered, whether they be reimbursement for funeral expenses, loss of income, and just loss of, of that love and companionship, with that family member.

A survivor claim is a little bit different in the sense that what the Survivor claim is, it’s really a continuation of a personal injury claim after someone dies. So, in Virginia, if someone had a personal injury claim and they subsequently die, it’s not as if their case disappears. Their estate can carry that case on even after that person has passed away. There are times when an attorney or the estate or the family can choose whether to pursue a Virginia wrongful death claim or continue the case on as a survivor claim under some situations. And that’s a case-by-case decision that will be made, you know, with the lawyers and the family. [jingle] No need to worry. Call Cooper Hurley. The Car Crash Experts. 333-3333.