Losing a loved one unexpectedly is one of the most painful experiences a family can endure, especially when their death was caused by someone else’s negligence. In Washington State, grieving families may have legal options to seek justice and financial compensation, but the legal terminology can quickly become overwhelming.
One question we often hear at Ron Meyers and Associates is:
“What’s the difference between a wrongful death claim and a survival action?”
Both can play an important role in your case — but they serve different purposes, involve different damages, and are filed by different parties. If you’re trying to understand your rights after a tragedy like a fatal car accident, this post will help clarify the key distinctions.
What Is a Wrongful Death Claim in Washington?
A wrongful death claim is a lawsuit brought by surviving family members when someone dies as a result of another party’s negligent or wrongful actions. These claims are focused on the impact the death has had on the surviving loved ones — emotionally and financially.
Common examples include:
- A fatal car accident caused by a distracted driver
- A construction site accident where equipment malfunctioned due to a defect
- Unsafe property conditions resulting in a deadly fall
A wrongful death lawyer in Washington can help surviving family members pursue compensation for losses such as:
- Funeral and burial costs
- Lost financial support the deceased would have provided
- Loss of companionship or guidance
- Emotional pain and suffering
What Is a Survival Action?
A survival action is different. It allows the deceased person’s legal claim — the one they would have had if they had survived — to “survive” their death and be pursued by their estate. Instead of compensating the family for their loss, a survival action seeks justice for the harm the deceased person endured before passing away.
This could include:
- Medical expenses the person incurred before death
- Conscious pain and suffering they experienced
- Lost wages during the time between the injury and death
Think of it this way:
- A wrongful death claim compensates the family for their loss.
- A survival action compensates the deceased’s estate for what they went through.
Wrongful Death vs. Survival Action in Washington: Key Differences
| Aspect | Wrongful Death | Survival Action |
| Who is compensated? | Surviving family members (spouse, children, etc.) | The deceased’s estate |
| Damages cover: | Loss to family: financial support, love, care, etc. | Loss to deceased: pain, suffering, lost earnings before death |
| Who files the claim? | Personal representative on behalf of family members | Personal representative on behalf of the estate |
| Purpose | To compensate survivors for their own loss | To assert the legal claim the deceased would have had |
Who Can File a Survival Action in Washington?
Under Washington law, a personal representative of the deceased’s estate is the one who must file the survival action. This is usually the executor named in a will, or someone appointed by the court if no will exists.
If you’re wondering, “Who can file a survival action in Washington?”, here’s the answer:
- Only the estate’s representative can bring the claim.
- However, any compensation recovered in a survival action is distributed to the estate and may ultimately benefit heirs or beneficiaries, depending on the situation.
This makes working with an experienced survival action attorney in Washington essential. These cases involve not just personal injury law, but also probate and estate matters.
Can You File Both a Wrongful Death and a Survival Action?
Yes — and in many cases, both types of claims are filed together. They complement each other and help ensure that all losses, both personal and financial, are fully addressed.
For example, imagine someone is critically injured in a car crash, spends three weeks in the hospital, then tragically passes away. The family could pursue:
- A survival action for the pain, suffering, and medical bills during those three weeks
- A wrongful death claim for the lifelong financial and emotional loss suffered by surviving family members
An experienced personal injury lawyer in Washington can help you coordinate both types of claims to maximize your recovery and ensure nothing is left out.
We Help Families Seek Justice with Compassion and Clarity
At Ron Meyers and Associates, we understand how confusing and painful the aftermath of a tragic loss can be. Whether you need a survival action attorney or a wrongful death lawyer in Washington, we’ll walk you through your options and help you pursue every available path to justice.
Our firm focuses on catastrophic injury and wrongful death cases throughout Olympia and surrounding areas. We take the time to listen, answer your questions, and build a case that reflects the full scope of your loss — both immediate and long-term.
If You’ve Lost a Loved One Due to Negligence, Let Us Help You Navigate the Path Forward
Whether your loss was caused by a car accident, defective product, or another preventable tragedy, Ron Meyers and Associates is here to help. We’ll handle the legal complexities so you can focus on healing.
Call Ron Meyers and Associates today or contact us online for a free, confidential consultation.
