4 Steps To Creating a Survival Action

4 Steps To Creating a Survival Action

4 Steps To Creating a Survival Action

Enduring the death of a loved one can turn your world upside down, but when that death occurs due to someone else’s negligence, the pain can seem unbearable. Your whirlwind of emotions, along with funeral expenses and medical bills, may overwhelm you. Bringing a survival action against the responsible party may help you recover financially, and there are a few steps you can take to ensure the process goes smoothly. 

  1. Gather Your Documents 

Before you speak to an attorney to assist you with a survival action, it is important to gather all the data pertinent to the case. Organize medical bills, copies of funerary expenses and any other debt connected to the incident. Arranging the data chronologically may help you create a useful timeline for your attorney. 

  1. Speak To an Attorney 

Having an attorney on your side for a survival action can help you to better understand what may occur during the case and what you might expect during the process. Your attorney can also assign a possible monetary value to your case so you can seek an amount that is fair and covers all the debt incurred from your loved one’s death. He or she may recommend that you ask for additional compensation, such as lost and future wages your loved one would have earned if not for the unexpected death. 

  1. Appear in Court 

Appearing in court can be the most stressful aspect of a survival action, as you may have to hear details of your loved one’s death and of the incident that took his or her life. However, if you feel especially overwhelmed, you can ask your lawyer to speak on your behalf. The defendant may either offer a settlement or challenge your case, and you can ask for your attorney’s assistance in which option would best benefit your loved one’s estate. 

  1. Disperse Funds Through the Estate

Unlike a wrongful death action, which focuses on those left behind to deal with a death due to negligence, a survival suit tends to revolve more around the victim. As such, any award granted by the court is usually dispersed through the estate. The executor of the deceased person’s estate usually handles this task, and any outstanding medical bills and other expenses are paid before any heirs receive money from the settlement. If you are the executor, you may be able to ask your attorney for assistance with the proper dispersal of funds. 

The pain of losing a loved one because of someone else’s negligence is often like no other, but there is help available. Reach out to an attorney today, similar to a wrongful death lawyer from Unidos Legales, for further guidance and support.