Survival actions address the legal rights of people who suffer fatal injuries, allowing families to pursue compensation for the harm their loved one endured before passing away. If you or someone close to you suffered a fatal injury because of another party’s negligence, our experienced wrongful death attorneys at Whetstone Perkins & Fulda could help you navigate this difficult time.
Whetstone Perkins & Fulda is dedicated to protecting your rights while working to secure fair compensation for what you have been through. A Columbia survival actions lawyer from our team could help you overcome the challenges that come with survival action claims.
What Is a Survival Action?
A survival action differs fundamentally from a wrongful death claim, though both arise from fatal incidents. While wrongful death claims compensate surviving family members for their losses, a survival action preserves the legal claim the injured person would have had if they had lived. Pursuant to South Carolina. Code Ann. § 15-5-90, causes of action for personal injury survive the victim’s death and may be brought by the Personal Representative of the Estate.
A survival action seeks compensation for the damages the victim personally suffered between the time of injury and the time of death. If someone endured pain, medical treatment, or other losses for days, weeks, or months after an accident before succumbing to their injuries, their Probate Estate may recover damages for that period, including medical expenses, lost wages, and pain and suffering experienced prior to death.
The compensation recovered through survival actions becomes part of the deceased’s Estate and is distributed according to their Will or the state’s intestacy laws, rather than being distributed directly to specific family members as wrongful death proceeds are. Our survival claim attorneys in Columbia could help you understand more about this process.
Who Can File a Survival Action?
Only the Personal Representative of the deceased’s Estate can work with an attorney to file a survival action in Columbia. This person is typically named in the deceased’s Will. If no Will exists, the Probate Court will appoint a Personal Administrator based on an order of priority based on kinship. The Personal Representative will manage the Estate and pursue any legal claims on the deceased’s behalf.
The Personal Representative has the legal authority and responsibility to pursue all claims belonging to the Estate, including survival actions. However, the probate process will distribute any compensation recovered according to estate planning documents, such as a Will or Trust, or pursuant to state inheritance laws.
Types of Damages Recoverable in Survival Actions
In Columbia, there are many types of damages our attorneys could seek to recover in a survival claim.
Medical Expenses
Medical costs from injury to death may be recovered, including treatment, hospitalization, surgeries, medications, equipment, and rehabilitation. Our lawyers could compile comprehensive medical records and bills to ensure every expense is accounted for and compensated.
Pain and Suffering
The deceased victim’s Estate may recover damages for the physical pain and emotional anguish experienced between the accident and their tragic death. Our firm could work with medical experts to document the severity and duration of suffering, including testimony about the victim’s conscious pain, fear, and mental distress.
Lost Wages and Income
Compensation may include any lost salaries, wages, bonuses, benefits, self-employment income, or overtime from the time of the victim’s injury to their death.
Funeral and Burial Expenses
The Estate may recover reasonable costs associated with the victim’s funeral service, burial or cremation, casket, memorial services, and related expenses. Our lawyers could help to ensure the claim includes these necessary costs, providing financial relief to grieving families during a difficult time.
Speak to Our Experienced Columbia Attorneys About Your Survival Claim
If someone else’s negligence fatally injured a loved one, you may be entitled to compensation. However, you must establish a clear link between the at-fault party’s negligence and the victim’s injuries.
At Whetstone Perkins & Fulda, we have a proven track record of obtaining favorable settlements on behalf of families of deceased individuals. You can count on us to fight for a fair and just settlement for your loved one. Contact us today to speak with a Columbia survival actions lawyer from our team.
