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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.
Though the loss of a loved one is incalculable, guidance from a compassionate wrongful death attorney could be crucial to relieving financial burdens during this difficult time. A San Jose survival actions lawyer understands what is unique about these claims and could help build and file a strong claim for compensation within applicable filing deadlines.
A “survival action” is essentially a personal injury lawsuit in the name of someone who, had they not passed away from their injuries, would have had standing to file such a claim themselves. A survival action can stem from traditional negligence leading to a fatal car wreck or other accident.
While survival actions are very similar to wrongful death cases, and both forms of litigation can be pursued simultaneously, there are some key distinctions. For example, state law allows numerous close family members of a deceased person to file a wrongful death claim in the decedent’s name, but only the personal representative—sometimes called the “administrator” or “executor”—for the decedent’s estate has standing to pursue a survival action. A local survival actions attorney could help explain the details of these distinctions and evaluate the legal options that are available to surviving loved ones.
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.
The deadline for filing a survival action is six months following the decedent’s death. It is important to understand that this deadline is much shorter than the deadline for pursuing a wrongful death claim and take legal action accordingly by contacting an attorney as soon as possible. A seasoned lawyer in San Jose could take the lead in preparing a survival action claim within these deadlines to take the burden off grieving loved ones.
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.
A San Jose survival actions lawyer could support you and your loved ones through the complexities of these claims to help you establish a foundation to move forward. Solution Now Law Firm is here for you. Call us to learn more about how we can help.