Survival actions are designed to help you cope with the financial and emotional damages you suffer after losing a loved one. No case can bring back the one you love, but it may help ease the financial burden. If someone’s negligence caused your loved one’s death, that loss may be compensable with a significant financial award.
A dedicated Roswell survival actions lawyer is here to support and guide you through this difficult process to seek the compensation you deserve. A reliable wrongful death attorney is prepared to help.
What is a Survival Action?
A survival action is often commonly referred to as an estate claim. The estate has the ability to report an independent claim from a wrongful death action. The claim is specifically for the damages the decedent suffered as a result of the accident. These would include claims for any conscious pain and suffering the victim experienced before they passed away.
In some cases, a person passes away quickly. For others, the process takes longer and is incredibly painful. This can result in a high damage award for the suffering, as well as the potential for punitive damages, if they are appropriate. Punitive damages are amounts awarded to punish a perpetrator for extreme or intentional conduct.
Differences Between Wrongful Death Claims and Survival Actions
A survival action is meant to compensate the decedent for what they endured as a result of the accident. A wrongful death lawsuit is designed to compensate any surviving family members for their losses as a result of the death. Different damages are available with each, and they are independent claims of one another.
Filing a Survival Action Claim
Typically, the survival action is filed in conjunction with a wrongful death claim. While they are separate suits, they can be handled by the same Roswell survival action attorney to maximize the potential award for the family.
The representative for the survival action is usually the estate representative, often named in the decedent’s will. This individual’s role is to represent the estate for typing up the decedent’s affairs, which includes survival actions. If the decedent did not leave behind a will, the representative will be appointed by operation of state law. This is usually a surviving family member, such as a living spouse, parent, or child.
Monetary Damages in Survival Action Claims
Survival action claims can carry many potential benefits. Not only may they hold the negligent person responsible for their actions, they may provide a family the financial means to get through the hardship of losing a loved one.
Monetary damages in a survival action case may include, but are not limited to:
- Past and future medical expenses
- Funeral bills
- Pain and suffering while the decedent was still alive
- Lost income during the time the decedent was still alive
These and other damages may be appropriate in a survival action. To pursue them, a survival action attorney in Roswell must present evidence of the other party’s negligence or intentional conduct. This proof is key to winning a potential survival lawsuit.
Speak to a Roswell Survival Action Attorney
Survival actions may help you win significant compensation for what your loved one went through at the time of their death. It is often filed simultaneously with a wrongful death case, though they seek different damages. A qualified legal professional could help you manage your survival case to achieve the restitution you deserve.
Get started with a Roswell survival actions lawyer today. Contact us now for your initial consultation.