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When someone sustains a fatal injury, they do not always pass away immediately after. A person might live for a number of days after an accident before succumbing to their injuries. If your loved one remain injured for some time before ultimately losing their life, a Cicero survival action lawyer could help you. It is best to manage these emotional actions with help from a trustworthy wrongful death attorney.
A wrongful death case only arises after a plaintiff passes away. If someone dies as the result of negligence, they have two separate cases for the pain, suffering and medical expenses they incurred, from the time they were injured until the time they passed away. These damages are covered under the survival action. After death, the damages such as grief, sorrow, and loss of companionship are damages recoverable under a wrongful death case.
The case process for a survival action follows the same course as most injury lawsuits, with a case being filed on behalf of the estate to recover damages. Survival cases take into consideration the medical expenses, pain, and suffering incurred from the moment of the accident until the person passes away. Other than this distinction, they proceed in court as most other personal injury cases.
In a survival action, if the deceased individual had a will, the executor will be the representative of the person’s estate. However, in cases where someone does not have a will, the law dictates which family members have priority to be the representative of the person’s estate. There can be more than one person who is eligible and there may be some family members who have priority over others. It is best to speak to a lawyer in Cicero who is familiar with survival actions to determine who may be the representative of the deceased’s estate.
The damages available in a survival action include medical expenses, lost wages, as well as non-economic damages, such as pain, suffering, and loss of normal life. The moment the person passes away, the damages in a survival action cease, and anything after that is contained in a wrongful death lawsuit.
The damages in a survival action are calculated in a manner similar to most other personal injury cases. A lawyer could obtain the medical records and expenses for the person from the date of the accident until the date of death. Likewise, the attorney could also gather evidence to establish the pain and suffering incurred before death.
When a defendant is negligent and causes injury or death to an individual, the law allows a recovery of monetary damages. The statute which allows for someone who has passed away to recover damages is called the survival act. This prohibits negligent defendants from escaping financial responsibility simply because someone dies and cannot personally advocate for their losses.
Because “pain and suffering” is an element of non-economic damages, there is no formula for it. It is largely up to the local survival action lawyer and the testimony of loved ones to determine how much it is worth.
Another form of economic damages are the costs attributed to funeral and burial. If not for the negligent conduct of the defendant resulting in the death of the plaintiff, the family would not have incurred funeral and burial expenses. Therefore, the law allows recovery by the representatives of any funeral or burial costs.
A survival action is a specialized area of personal injury law. In coordination with a wrongful death action, only those lawyers with the experience to handle such matters should take on representation of clients. Ask to speak with a Cicero survival action lawyer if you are grieving the loss of a loved one and wish to file for compensation.