In New York, a wrongful death claim seeks compensation for a family’s financial losses caused by the death of a loved one, while a survival action continues the decedent’s own injury claim for what they suffered between injury and death. These are separate claims, often pursued together by the estate’s personal representative. A Buffalo wrongful death lawyer can help you determine which claims apply in your situation and how to proceed.
Difference Between Wrongful Death vs. Survival Action in New York
Understanding the difference between wrongful death vs. survival action can help families pursue the full recovery the law allows. In many cases, both are filed together, one for the family’s losses and one for what your loved one endured.
Wrongful Death Claim in New York
A wrongful death claim is filed by the estate’s personal representative under Estates, Powers & Trusts § 5-4.1 with the intention of compensating the surviving family for their own losses caused by their loved one’s death. These damages commonly include funeral and burial expenses, the lost income and benefits the decedent would have provided, and the loss of service, parental care, and guidance. This claim is about making the family financially whole.
Survival Action Claim in New York
The estate brings a survival action through the same personal representative, which continues the decedent’s personal injury claim. The action covers the period between the accident and death, seeking damages such as medical expenses, conscious pain and suffering, and any lost earnings incurred before passing. Any recovery is paid to the estate before being distributed to heirs according to the will or New York intestacy law.
A New York wrongful death lawyer can evaluate your situation, help you decide which action is best, protect critical deadlines, and file the right claims to preserve your family’s rights.
Survival Action:
- Continues the decedent’s personal injury claim
- Seeks compensation for medical bills, pain and suffering, and pre-death lost earnings
- Recovery goes to the estate and is distributed by will or intestacy
Both/Overlap
- Filed by the personal representative and often pursued together in New York
- Rely on medical records, economic documentation, and witness evidence
- Controlled by strict New York deadlines, making prompt action critical
Wrongful Death:
- Compensates the surviving family for their financial losses
- Covers funeral and burial costs, lost financial support, and loss of parental care or guidance
- Proceeds go to the distributees and are typically not reachable by estate creditors
“In New York, a survival claim and a wrongful death case are related but very different. A wrongful death case is brought to compensate the surviving family members for their losses—things like lost financial support and the value of the loved one’s guidance and companionship. A survival claim, on the other hand, is brought on behalf of the estate to recover for the pain, suffering, and other damages the person experienced between the time of the injury and their death. In other words, a survival claim focuses on what your loved one went through before they passed. At Richmond Vona, we pursue both when appropriate to make sure every avenue for justice and compensation is explored.””
A Wrongful Death Claim and a Survival Action May Be Filed Concurrently
Following the loss of a loved one, your family may have rights under both New York’s wrongful death statute and its survival action laws. Plaintiffs are not required to pick one claim or the other. Wrongful death and survival action lawsuits are distinct legal cases—and the claims can be filed concurrently.
We know that navigating the wrongful death claims process is complicated. An experienced New York wrongful death lawyer can help you take action to protect your rights, including pursuing a survival action when appropriate.
Call Our Buffalo, NY Wrongful Death Lawyers for Immediate Help
At Richmond Vona, LLC, our New York wrongful death attorneys provide compassionate, focused legal advocacy. We have an in-depth understanding of survival action claims. If you have questions about survival action claims, we can help. To schedule a free, fully confidential consultation, please contact us today by calling (716) 500-5678. We represent families throughout the entire region, including in Erie County, Wyoming County, Livingston County, Monroe County, and Ontario County.
