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When a person succumbs to their injuries that they sustained in an accident, their family can file a survival action to compensate for the injuries incurred while that person was alive. However, not all personal injury lawyers are experienced enough to handle wrongful death and survival action cases. A case involving the loss of life requires much different skills in order to prove and make a full recovery. A quality wrongful death lawyer could use their knowledge and experience to make a strong argument for damages in Oak Lawn survival action cases and bring you and your family a measure of relief during this difficult time.
The damages in a survival action are meant to compensate the decedent’s family for their loved one’s damages from the time of the accident until the time of death. Damages in survival cases may be economic as well as non-economic losses.
Economic damages in a survival case are easily calculated and can include medical expenses related to the injury and any lost wages for the inability to work. Non-economic damages in a survival action include the individual’s pain and suffering, as well as the loss of normal life.
Physical pain and mental suffering is one of the most common non-economic damages sought. However, there are no guidelines to help assign the value for pain and suffering, as each case will be different.
Ultimately, it is up to a jury or a judge to determine the award amount if the parties cannot agree to settle a case, which is why it is important for a lawyer to present the strongest possible case. Different people perceive pain in different manners. What may be extremely painful to one may not be so painful to another. It is difficult to objectively measure in a survival action, so it is up to the attorneys to make the argument.
In Oak Lawn, if an individual is negligent and causes injuries, they are financially responsible to that person. In a survival action, it requires someone to be injured as a result of someone else’s negligence and ultimately pass away. The legal system does not ignore the damages the individual suffered before passing away. If these damages were ignored, it would result in a large win for the negligent party and they likely would not be held liable.
The damages become part of the estate and are then divided between the relatives of the deceased.
Medical bills in a survival action are a form of economic damages. Some common medical bills which occur in a survival action include the ambulance bill if the decedent was transported from the accident scene, as well as the emergency room bill to treat the injuries.
The decedent may also have additional costs such as follow-up surgeries or therapies. If an individual passes away as a result of the injuries, funeral expenses could also be included.
The funeral arrangements are left up to the decedent’s family. The costs of funerals can vary widely depending upon different cultures or religions, or what the deceased’s personal wishes were. Regardless of the method, the negligent party is responsible for all expenses dealing with the funeral because it is through their actions that a funeral is even necessary.
It can sometimes be difficult to pinpoint liability in certain accidents. Therefore, you will want an attorney on your side who is experienced in these types of claims and thorough when constructing an argument. These qualities are what could help you recover damages in an Oak Lawn survival action case. When you are ready, an attorney is here to help.