It is devastating to lose a loved one due to someone else’s negligence. Not only must you navigate the day-to-day impact of your loss, but you also want to receive justice on their behalf.
A survival action lawsuit could help cover final costs and stabilize your family after a loss. Call a Walterboro survival actions lawyer with Whetstone Perkins & Fulda, Attorneys at Law today. Our compassionate wrongful death attorneys could help you navigate this challenging process.
What are Survival Action Claims?
A survival action is a claim filed on behalf of the deceased following a serious accident. Similar to a wrongful death claim, it is filed after the person passes away.
However, unlike a wrongful death claim, a survival action focuses on the damages that occurred between the accident and the time of death. These are typically filed when there is a significant gap between the incident and the time of death.
Wrongful Death Claims Vs. Survival Action Claims
Both wrongful death claims and survival action claims are filed when someone dies because of another party’s negligence. However, there are some distinct differences.
Wrongful death claims focus on the losses the family faced as a direct result of the loved one’s death (e.g. loss of income, support, and companionship). While wrongful death claims are generally filed by the family member closest to the deceased, survival action claims are filed on behalf of their estate.
Damages in a survival action claim are paid to the deceased’s estate, which means the funds are paid out to creditors before they are paid to the family. In a wrongful death claim, damages are paid directly to the family.
To learn whether your loved one’s loss warrants a wrongful death claim, a survival action, or both, reach out to a Walterboro attorney today.
Damages Available in Survival Action Claims
Survival action claims seek compensation for the losses and suffering the person faced following the accident before they ultimately died from their injuries. Common damages in these cases include the following:
- Medical bills for treatment and recovery
- Financial losses
- Pain and suffering
- Emotional and psychological trauma
A survival action claim may help the deceased’s estate receive compensation for medical bills and other expenses associated with the accident. Additionally, it holds the liable party accountable for the deceased’s suffering, providing a much-needed sense of justice for the family.
How a Lawyer Can Help With a Survival Action
If you lose a loved one in an accident, having a determined personal injury attorney on your side is critical to recovering the compensation your family deserves. An experienced lawyer could take the following steps:
- Obtain information about the incident, including evidence used to determine who caused your loved one’s death
- Ensure your family understands your options and how to maximize the compensation you receive
- Aggressively seek justice for your loved one
- Ensure that the liable party is held accountable
If you must go to court over a survival action claim, a Walterboro lawyer could prove invaluable in supporting and presenting your case and fighting for damages caused by the accident.
Contact a Walterboro Survival Actions Attorney Today
If you lost a loved one due to someone else’s negligence, a Walterboro survival actions lawyer could help you understand your rights, navigate the legal process, and fight for compensation.
Do not wait to seek the justice your loved one deserves. Reach out to Whetstone Perkins & Fulda, Attorneys at Law, today for a free consultation. We are here to help you through this difficult time.
