A survival action is when somebody passes away but they sustained an injury prior to passing away. This type of action focuses on the suffering of the decedent, such as pain and suffering, medical expenses, and lost wages. The survival action is different from a wrongful death case in that the survival action can be brought if the decedent did not pass away immediately following an injury. For example, if somebody slipped and sustained a minor injury and they pass away either before they can file a case or during a course of action. The decedent’s estate, the person’s beneficiaries, or their heirs would have to continue that action. If you need help with your survival action case, a compassionate attorney is ready to help. A Pascagoula Survival Action Lawyer could take the lead in your case and help you seek damages.
Survival claims will only be allowed by heirs. When there is no will, an administrator is appointed by the court to administrate the estate. The administrator will be responsible for proceeding and completing the survival action. Those monies will benefit the heirs of the estate.
If there is a recovery in the case of a will in which somebody is named a beneficiary, then that beneficiary will be the recipient of the monies.
There are certain claims that do not survive. Every state is a little bit different in that respect. In Mississippi, we have certain statutes that do not allow people to file or continue certain claims after death. If the court feels that the case is not worth pursuing, the court that is overseeing the estate may not allow them to proceed.
The damages that can be sought in a survival action depend on the damages sustained as a direct result of a defendant’s negligent actions. For instance, if there were medical expenses relating to the negligence of the defendant, then these medical expenses could be recoverable.
In a survival action, if that person was alive, what recovery they could have if they had remained to live would include medical damages, medical expenses as a result of the injury, and other economic losses.
For economic damages such as loss of income, an economist will utilize their experience and methodology to come up with a total loss of income for the individual. Furthermore, we also utilize experts and medical damages to come up with totals for the medical expenses incurred.
Sometimes medical damages are easily explained just by looking at the medical bills. Medical bills can be complicated, however, and sometimes experts may be needed in these cases.
Non-economic damages are also recoverable. The most common non-economic damages are pain and suffering or loss of household services, meaning what that person was not able to do around the house: cook, clean, maintain the yard, all of those things that are necessary to maintain a household.
Wrongful death benefits as a result of any kind of injury. The survival claim is limited to those injuries that were incurred during that person’s life, and that resulted in death. The loss of a person’s life would not be recoverable in a survival action.
Following the fatal accident of a loved one, you should discuss your legal options with a compassionate attorney. An experienced lawyer will help the family accumulate the necessary discovery. A lawyer can do most of that on their own. However, they may need a family to execute certain forms and pursue certain actions within the estate that will be necessary for recovery. Call today to learn how a Pascagoula Survival Action lawyer could help you and your family.