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What Happens When Someone Survives a Truck Accident But Dies Later? 

 Posted on August 28, 2025 in Truck Accidents

Prince William County, VA wrongful death attorneyNegligent truck drivers cause some of the most terrible crashes on Virginia roads. When a victim survives the initial collision but later dies from their injuries, families have to deal with both medical bills and the long-term consequences of losing a loved one – plus the tragedy and expense of what happens in between. 

These situations can make it possible to bring two types of legal claims. One type of claim is for the harm the victim suffered before death; another is for the family’s loss after the victim dies. Importantly, once you have full command of the facts of the accident, Virginia only allows you to recover damages for one claim. 

At Whitlock Law, our Manassas, VA personal injury lawyer combines the personal attention of a small firm with the big-firm fearlessness and work ethic to take cases to trial when necessary. If you have been through a traumatic truck accident and do not know what to do next, call our firm and let us help. 

Survival Claims vs. Wrongful Death Claims

Virginia law recognizes two distinct claims when an accident victim lives for a period of time before passing away. Both types of claims may be brought at the same time, but you can only recover damages under one claim for the same incident.

Survival Claim

Survival claims allow the victim’s family to pursue damages the victim could have recovered if they had survived. This includes medical bills, property damage, and the pain and suffering experienced between the crash and death.

Wrongful Death Claim

Wrongful death claims compensate the surviving family for their losses, including funeral expenses, the loss of income the victim would have provided, and the loss of companionship, care, and guidance. 

What Happens Legally If a Victim Initially Survives an Accident But Later Dies? 

When someone survives a truck accident but later dies, courts may award damages for the conscious pain and suffering the victim experienced. This includes the physical agony of severe injuries as well as emotional distress, such as fear of knowing they are about to die.

In some cases, a victim may be placed on life support. The decision to withdraw life support treatment is extremely difficult for families, but it does not damage the validity of a survival action. Courts still consider the suffering endured before death, regardless of whether medical care extended life for hours, days, or weeks.

It can be difficult to know whether someone’s death was directly caused by a negligent act. Grieving loved ones do not have to choose between survival claims and wrongful death claims until the facts are established – even if this has to happen in court. The deceased person’s personal representative can file both claims and decide which claim they want to recover once they know all the facts. 

How a Good Attorney Approaches Wrongful Death and Survival Claims

Truck accident cases tend to involve catastrophic injuries, multiple liable parties, and large insurance policies. When a victim survives for a time after the crash, the legal and financial consequences can be significant and complicated. A good attorney knows this, and will take into account: 

  • Hospital bills and rehabilitation costs before death

  • A lifetime’s worth of lost wages

  • Property damage from the crash

  • Funeral and burial expenses after death

  • Long-term financial and emotional hardship

Defendants and insurers often fight aggressively to limit payouts. Having an attorney with trial experience and a proven track record is critical for fighting insurance companies. 

Contact a Manassas, VA Truck Accident Lawyer

If your loved one survived a truck accident but later passed away from their injuries, you may be entitled to pursue both survival and wrongful death claims to determine which one best fits your situation. At Whitlock Law, our Prince William County personal injury attorney offers free consultations and has recovered more than $50 million for injured clients and their families. Call us today at 703-576-5005 to discuss your case and learn how we can help you pursue justice.

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