FAQ: Wrongful Death vs. Survival Actions in Virginia: What’s the Difference?

When a person suffers catastrophic injuries and later dies, determining the correct legal claims is not always straightforward, especially when preexisting medical conditions are involved and a significant period of time elapses between the initial injury and death. Below are answers to common questions about wrongful death and survival actions under Virginia law.

Q: What is a survival action in Virginia?

A: A survival action seeks compensation for the injuries and losses a person suffered between the time of injury and the time of death. These claims may include:

• Medical expenses
• Pain and suffering for the injured person
• Lost income
• Other damages incurred before death

The claim belongs to the estate of the deceased and focuses on what the injured person endured while alive.

Q: What is a wrongful death claim?

A: A wrongful death claim seeks compensation for the losses suffered by surviving family members as a result of the death itself. These damages may include:

• Loss of companionship, guidance, and support
• Sorrow and mental anguish
• Loss of services and financial contributions
• Funeral and burial expenses

Wrongful death claims are brought for the benefit of statutory beneficiaries, such as a spouse and children.

Q: What if the defendant claims the death was caused by preexisting conditions?

A: This is a common defense, particularly in cases involving older adults or individuals with complex medical histories.

A defendant may argue that the death was inevitable or unrelated to the accident. In response, plaintiffs often present medical and expert evidence showing that traumatic injuries accelerated, worsened, or materially contributed to the death—even if other health conditions existed.

Q: Can both a survival action and wrongful death claim be pursued?

A: Yes. In some cases, plaintiffs pursue alternate theories, allowing a jury or mediator to consider both:

• Whether the injuries caused the death (wrongful death), and
• What damages arose during the period between injury and death (survival action)

This approach ensures that accountability does not hinge on a single disputed medical question.

Q: Why do these distinctions matter?

A: The difference between survival and wrongful death claims can significantly affect:

• What damages are recoverable
• How evidence is presented
• How insurers evaluate exposure

In cases involving catastrophic injury followed by death months later, understanding these distinctions is critical to achieving a fair resolution.