4 Common Questions About Survival Actions
When a loved one dies due to someone else’s negligence, you may feel shattered and helpless. Planning a funeral, along with all the other expenses of an unexpected death, may cause you to wonder if you have any legal means to recover financially. A survival action may be the solution to your woes, and there are a few questions to ask an attorney before you proceed.
What Is a Survival Action?
Filing a survival action means that you are acting on behalf of the deceased and seeking compensation not only for his or her death but for the pain that person may have suffered due to a negligent act. For example, if your loved one was driving to work and his or her car was hit by a semi driver who neglected to obey company driving hour limits and fell asleep at the wheel, you may be able to sue the driver and the trucking company for that loss.
Is This the Same as Wrongful Death?
A wrongful death suit and a survival action differ in their definitions as well as the focus of the lawsuit. In a survival action, the compensation revolves around the deceased, what medical bills were incurred during the accident, and how the negligent actions of the accused caused the death of that person. A wrongful death tort tends to focus more on the impact of those left behind.
What Damages Can I Seek?
Typically, the executor of the estate brings a survival action, and there are several different types of compensation you can seek through this type of lawsuit. If the deceased was terribly injured in an accident and then passed away, you may be able to ask for compensation for his or her pain and suffering, along with the cost of his or her medical care. You can also seek funerary expenses as well and, depending on the individual circumstances of the incident, any lost wages the deceased person might have made upon surviving.
Who Receives a Settlement?
If you win your case, any compensation goes to the deceased person’s estate rather than to his or her heirs. This allows you to pay off outstanding medical bills and other debt caused by the accident. Any money left over will then pass to the deceased individual’s relatives. This may help you pay off any debt more effectively.
When someone you love dies due to an individual’s negligence, the aftermath may feel overwhelming, but there is help available.