When a person dies in an unexpected time, the surviving family member will struggle to cope up with the sudden death. According to the website of Cazayoux Ewing Law Firm, the unexpected loss of a loved one could result to long term financial consequences. In order to recover damage, the surviving family members can file a wrongful death lawsuit. This type of case has two parts namely wrongful death action and survival action. In this article, we will focus on the latter.
In a survival action, the recipient of the damages is the estate of the deceased. The lawsuit can be filed by the estate’s personal representative. If no one was delegated, the successor-in-interest can file the claim. A survival action can only be filed if the decedent did not immediately die from their injury. Damages in a survival action would include suffering before death, disability, lost wages, and medical costs from the accident and future medical care.
Upon the death of the plaintiff, the damages would then be distributed to the estate based on the will of the deceased. A survival action lawsuit puts value on the benefits and privileges that the deceased would have made if not for their death. A certain provision in the Probate Code dictates what will happen to the assets of the deceased in the absence of a will. While these issues are independent from a wrongful death lawsuit, it can still have an effect on the awarding of damages.
When filing a claim, it is important to have an understanding of the difference between a wrongful death and a survival action lawsuit. It is best to consult an attorney prior to the filing of the case so that you will know how to proceed with the case in order to recover damages that you are entitled to receive as a result off the untimely death of your loved one.