Losing a loved one due to an auto accident or any other accident such as a construction, slip and fall, medical malpractice, swimming pool drowning and other forms of accident and subsequent loss of life can be traumatic and life-altering. We do not expect nor plan for such things to happen and when they do, we are taken aback, and do not know where to start as a family unit as far as honoring their memory via the seeking of legal recourse is concerned.

Personal injury law allows the surviving family members to file two types of claims independent of each other that will attempt to make these individuals whole – the first one is a survival action, which is a form of legal action the decedent would have pursued had they survived the accident, meant to cover damages such as lost wages, medical bills, pain and suffering and so much more.

The second one which is meant to cater to the surviving immediate family members is a wrongful death claim, which is meant to compensate them for their own losses due to the death of the decent for things like loss of financial support and companionship. These are two distinct forms of legal action with their own advantages and disadvantages, and it takes the keen eyes of an experienced wrongful death lawyer to provide you with advice on which of the two you should pursue as a family based on the circumstances surrounding the case. In this post, we shall cover the details surrounding each, and help you determine which will be best suited as a family – read on to find out more.

Why Choose McCready Law for Your Wrongful Death Claim

Are you looking for the best wrongful death injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans across the country and from all walks of life recover compensation after getting injured by the negligent actions of other individuals or large, well-known corporations.

Over the decades, we’ve been able to successfully recover over $260 million for our clients and counting. Our enviable success in the personal injury space can be attributed to a number of factors such as ensuring that every claim is handled by our team of experienced and aggressive attorneys and not shunted over to inexperienced paralegals and legal assistants, a common practice in the vast majority of underperforming law firms, working closely with world-renowned medical, forensic and financial experts to create a compelling case replete with evidence, showing clear causation and one that justifies the damages we are seeking for our clients.

In addition, we are not afraid to litigate, particularly in claims that involve loss of life as oftentimes, the insurance company starts off negotiations by employing bad faith tactics, and given our litigation experience, we can obtain the maximum compensation allowable by law should we decide to take your claim to court. On top of running a bilingual firm (hablamos Español), we also have nationwide reach thanks to our vast and trusted network of referral attorneys.

Lastly, we take on all valid claims on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you tragically lost someone due to an accident caused by the negligence of another party, we would like to offer our sincerest condolences and ask that you kindly give us a call NOW at (314) 481-63338 so we can advise you on how to best approach this sensitive matter legally in an effort to make your family whole again – our intake team is standing by.

Survival Action vs Wrongful Death – Which Should You Choose?

Put simply, a survival action lets you step into the deceased person’s shoes via the hiring of a personal representative legally known as an executor or administrator who will then pursue the claim the deceased would have had if they had survived the accident.

Some of the damages one can recover under a survival action include:

1. Lost earnings – income the deceased lost between the injury time and death
2. Medical expenses incurred by the deceased on account of their injury
3. Pain and suffering damages due to the physical pain and emotional distress the deceased experienced prior to their untimely passing.

Wrongful Death Claims

Wrongful death claims, on the other hand, is a legal action that allows specific surviving family members to seek compensation for their own losses they incurred due to the passing on of the decedent.

Recoverable damages for wrongful death claims typically include the following:

1. Loss of financial support the deceased would have provided to their decedents
2. Loss of services if the deceased performed various services for the family
3. Loss of companionship or consortium the deceased would have provided
4. Burial and funeral expenses which are costs associated with the passing of the individual

Best Countrywide Wrongful Death Injury lawyers – Call Us Today!

Survival action provides you with a broader scope of damages including those accrued by the deceased prior to their death, as well as providing direct compensation to the estate which can benefit heirs as well as help them cover debts immediately. On the other hand, survival actions may not take into full consideration of the emotional suffering of survivors and may lead to legal complexities with regard to interpretation of estate laws.

Wrongful death claims on the other hand tend to address the financial and emotional impact of the death by survivors, is more simplified when it comes to the legal process and may result in a much higher compensation for the survivor. At the end of the day, a full analysis of the circumstances surrounding the passing on of your loved one is needed and after this is done, the right legal steps can be determined to ensure your family gets the financial and emotional closure you all deserve.

Please, give us a call NOW at (314) 481-63338 so we can provide a 100% FREE preliminary assessment regardless of wherever you are in the country. Thank you for choosing McCready Law, and we look forward to helping you.