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Table of Contents
What Is a Survival Action Lawsuit
A survival action lawsuit is a type of personal injury lawsuit that seeks to compensate for the damages and suffering a deceased person would have been entitled to if they survived their injuries.
Key Differences Between Survival Actions and Wrongful Death Claims
Survival action lawsuits keep alive the deceased's personal injury claim before death, while wrongful death suits cover losses for family members after the death of a loved one.
A survival action lawsuit is typically filed by the estate to recover pre-death injuries and medical costs; a wrongful death lawsuit is typically filed by a family member and compensates surviving family members for financial and emotional losses.
Primary Beneficiaries in Survival Action and Wrongful Death Claim
A survival action claim and wrongful death claim compensate for different damages and are directed towards different people.
- Wrongful Death Lawsuit: The primary beneficiaries are typically surviving family members such as spouses, children, or parents.
- Survival Action Lawsuit: This is filed by the estate's personal representative on behalf of the deceased to pay for medical bills and other damages the deceased person may have incurred before their death.
Types of Damages Recoverable in Each Claim
Common damages sought in both claim types are:
- Wrongful Death: Focuses on the family's losses, like funeral costs and loss of financial support.
- Survival Action: Covers decedent's own losses before death, such as medical bills and pain and suffering.
General Statute of Limitations for Filing Each Claim
You must file a wrongful death lawsuit within two years of the individual's death. For a survival action claim, you have up to two years from the injury date or six months after the person dies, whichever comes later.
Failing to file a claim within the given time frame could result in your being barred from recovering financial compensation.
Who Can File a Survival Action Claim
A survival claim can be filed by the personal representative of the decedent's estate or their successor in interest; however, this depends on the survival action and wrongful death laws in your state.
This representative must have legal authority to act on behalf of the estate in survival actions and wrongful death lawsuits.
Eligibility Criteria for Survivors
Survivors may file a survival action if they serve as the decedent's estate representative or successor in interest, seeking compensation for damages suffered.
You'll need to demonstrate eligibility to represent the estate and seek compensation through official paperwork before filing a survival action.
Role of the Deceased's Estate
The estate serves as the central entity for survivor action claims. The personal representative, appointed through will or court order, handles survival action claims and related legal actions.
They direct the use of survival action damages toward covering medical costs and pain and suffering, or per the will's instructions.
Legal Requirements to File a Survival Legal Action
To file a survival action claim, you must have someone authorized to represent the estate, such as a personal representative named in a will or court-appointed, who is eligible to seek damages for the deceased person.
This person then has to file the necessary paperwork and manage the survival action claim to ensure medical expenses are paid and the money is directed in a legal and ethical manner.
It is not a legal requirement, but it is highly recommended to seek legal representation from a personal injury attorney from the Rodney Okano Car Accident Lawyer Law Firm who has over 20 years of experince helping families obtain the compensation they deserve in a survival or wrongful death action.
Understanding the Scope of Damages in Survival Actions
Survival actions enable an estate to pursue survival damages the decedent might have recovered had they lived. This includes medical costs, lost income, and non-economic losses such as mental anguish from injury until the individual passes away.
Punitive damages may also apply if the negligent party acted egregiously.
Medical Expenses Incurred by the Deceased
Damages for medical expenses cover treatments, hospital stays, and medications the decedent needed due to the wrongful act in a personal injury lawsuit.
These costs can accumulate rapidly and represent a major portion of what can be recovered in a survival action claim.
Other common types of medical bills include:
- Hospitalization fees
- Doctor visits
- Prescription drugs
- Rehabilitation costs
Lost Wages and Future Earnings
Lost wages and future lost wages are important parts of wrongful death claims. If someone was working before their death, you can claim future lost wages from the injury up until death.
Plus, potential future lost wages the deceased would have earned had they lived are also included, ensuring the awarded damages cover the lost financial support the family suffers from.
Pain and Suffering Before Death
When death results from another's wrongful acts, the pain and suffering the deceased incurred can be compensated for. This covers the physical agony and emotional trauma the victim experienced from injury through death.
These damages recognize and compensate for the deceased's suffering.
The Legal Process for Filing a Survival Action
A survival action lets a deceased person's legal claims continue through their estate, ensuring damages are covered and that the responsible party is held accountable.
Key steps in filing a successful survival action claim involve identifying the at-fault party, confirming the statute of limitations, naming a representative, and filing required documents.
This process seeks to recover damages before death, like medical bills, financial support, and lost wages, but generally excludes pain and suffering unless special rules apply.
Steps to Initiate a Survival Action Claim
To start a survival action, follow these steps:
- Identify the Claim: Confirm if your loved one had a potential lawsuit
- Check Timing: Be aware of the statute of limitations for filing
- Appoint a Personal Representative: Name an executor or have the court appoint someone to manage the estate
- File Paperwork: Submit official documents proving you can represent the estate legally
- Prove the Case: Show that the defendant caused the decedent's injuries
These steps help ensure your survival action claim moves smoothly through the legal system.
Gathering Evidence and Documentation
Gathering compelling evidence is essential when filing a survival action. This includes:
- Medical records showing the deceased's injuries and treatment
- Financial documents like pay stubs or tax returns for lost wages
- Incident reports from the scene of the accident
Gathering robust documentation helps build a strongly supported survival action.
Filing the Claim with the Court
Begin by gathering all required documents and completing forms for a survival civil action.
Submit them to your local court while checking specific deadlines for wrongful death damages awarded. Then serve notice to the defendant following court rules for the case.
The Role of Personal Injury Lawyers in Survival Actions
Personal injury attorneys, such as those at the Rodney Okano Car Accident Lawyer Law Firm, support family members in documenting and presenting the economic and non-economic damages suffered by their deceased family member before death.
Our attorneys gather evidence, interview witnesses, and ensure compliance with statutes to secure the fair financial compensation the family deserves.
How Our Attorneys Assist Families
The attorneys at the Rodney Okano Car Accident Lawyer Law Firm help families manage legal paperwork and keep track of important dates.
Additionally, they will collect evidence, interview witnesses, and document the accident scene to build a strong case and determine how much compensation you and your family are entitled to.
Negotiating Settlements with Insurance Companies
When dealing with insurance companies after a survival claim, our lawyers fight to secure a fair financial settlement for the surviving family members.
They'll negotiate directly with the insurance company, carefully reviewing settlement offers to ensure they cover all relevant damages.
Representing Clients in Court
If your survival action claim goes to court, our lawyers will fight for the compensation and damages you deserve and manage all legal steps, from filing documents to arguing the settlement amount.
Obtain the Compensation You're Entitled To
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
