4 min read · Last reviewed 2026-09-01
Wrongful death claim
A wrongful death action compensates surviving family members for their losses, which can include funeral and burial expenses and the value of the support and services the person provided.
Survival action
A survival action belongs to the estate and covers what the person themselves would have been able to claim, including pain and suffering before death and lost future earnings.
Who may bring the claim
The personal representative of the estate generally brings both actions. The claims are usually filed together and must ordinarily be brought within two years of the date of death.
This guide is general legal information, not legal advice, and laws change. Talk to an attorney about your own situation.