San Jose Survival Actions Lawyer

After the unexpected loss of a loved one, surviving family members could file a wrongful death claim, which allows them to recover financially for the losses they faced. California law also allows representatives of a decedent’s estate to seek compensation for the decedent’s suffering leading up to their passing. This kind of claim is called a “survival action,” and can be a vital part of financial recovery following a fatal accident caused by another person’s misconduct.

When Are Survival Actions Possible in San Jose?

Recovering Compensation Within Filing Deadlines

A “survival action” is effectively a person’s cause of action for civil litigation “surviving” past their death. The primary purpose of a survival action is to recover damages from when the decedent first sustained injuries until they passed away. Survival actions can seek restitution for outstanding medical bills, lost work income, and lost or damaged personal property caused by another party’s negligence. State law also allows personal representatives to demand compensation for a deceased person’s pain and suffering through a survival action. Punitive damages may be available in situations involving extreme negligence or intentionally malicious conduct by the defendant.

A San Jose Survival Actions Attorney Is Here For You

The last thing you want to deal with after the loss of a loved one is a legal headache. However, understanding how and when to pursue a survival action can be key to minimizing the impact a fatal accident has on your family’s financial security. This is where having a knowledgeable legal professional in your corner can make all the difference.