FOLLOW US ON
If you recently lost a loved one through an accident caused by a third party’s negligent or intentional criminal act, you likely have grounds to file suit and demand civil compensation. Wrongful death litigation is not designed to cover losses suffered by a person between their initial injury and their eventual passing, or from previous injuries from a prior accident.
A qualified wrongful death attorney could explain how both scenarios can be addressed through a legal claim called a “survival action.” If you plan to seek restitution for losses suffered by the estate you represent, you should consider contacting an Indianapolis survival actions lawyer for help. We provide support during this difficult time, while shouldering the burden of your legal challenge as you cope with your loss.
The primary difference between wrongful death cases and survival actions is whose losses the claim seeks compensation for. Wrongful death cases help family members of a deceased person receive compensation, while survival actions are meant to compensate for what the deceased person went through. It is generally not possible to file a survival action in Indianapolis without first successfully pursuing a wrongful death claim over the same incident. There are exceptions, however, and a seasoned attorney can provide more details as needed.
Both claims have similar processes for establishing legal liability for damages. The “personal representative” for the decedent’s estate is the only person with legal standing to file suit. That representative would need to prove that someone else directly caused the losses by violating a “duty of care” owed to the decedent. This violation could be through a reckless or careless action, or by deliberately harming the person through a criminal act.
Both economic and non-economic harm sustained by a deceased person between the date of their initial injury and when they passed away may be recoverable through a survival action. Depending on the circumstances, this may include:
In a survival action claim, it is only possible to recover for losses the decedent suffered while they were alive, even if they would have had grounds to seek compensation for things like lost earning capacity had they survived. Maximizing available restitution with this and other legal roadblocks in mind is one of many skills a survival action lawyer in Indianapolis could assist with.
A survival action or wrongful death lawsuit will never replace a family member whose life was unfairly cut short. Still, both types of claims can be important to ensuring your family’s financial stability despite your immense loss. In addition, assistance from a compassionate personal injury lawyer can streamline your legal proceedings and help get you the best possible result.
An Indianapolis survival actions lawyer could review your circumstances and offer guidance about possible next steps during a confidential consultation. Call today to schedule yours with the experienced team at McCready Law.