For many people, any kind of legal recourse may seem confusing or intimidating. If it is a family who just lost a loved one due to a wrongful death, a court battle may be the last thing they wish to go through. However, they are entitled to fight for damages incurred due to the injuries the deceased suffered before passing. A compassionate wrongful death lawyer could guide the family through the Oak Lawn survival action case process and provide meaningful counsel in order to get them through this difficult chapter of their lives.

What is the First Step When Initiating a Survival Action?

In order to have a survival action, it assumes that an individual has passed away as a result of the negligent conduct from a third party. Since the person is deceased, there is no legal representative capable of bringing a survival action. For this reason, the first step necessary in the process is to go to probate court and have an administrator appointed for the estate of the deceased individual.

Once an administrator is appointed, that person has the legal authority to address all issues stemming from the survival action, including signing documents.

Establishing Liability in Survival Actions

With all legal cases, including survival actions, they must determine liability. Liability means that a person or entity has committed some wrongdoing which has resulted in injury, and possibly death. If there is no liability, there is no survival action. An accident does not need to be 100 percent the fault of someone else in order to bring a claim or recover damages.

However, it must be a contributing factor in order to make a recovery. In order to prove a negligence case, they must establish that the defendant breached a duty of care owed to the plaintiff and that injuries followed as a result.

Proving Damages

Once liability is established, the next element in the process is to prove damages. Someone who is deemed legally responsible does not simply write a blank check. It is essential to prove specific damages in a survival action or a wrongful death case. An experienced attorney could be in the best position to assist the decedent’s family in the Oak Lawn survival case process.

How Long Does a Survival Action Case Take?

A survival action is based on damages from the time of the negligent conduct up until the time of death. A wrongful death action addresses damages after the individual passes away. Typically, survival and wrongful death cases are handled at the same time. They represent different elements of damages and both cases need to proceed through the court system.

Unfortunately, survival actions commonly take up to two years to resolve in the courts. Attorneys generally try to move the cases along as quickly as possible. However, there are limitations with the courts as to how quickly cases can move.

In a survival action, it is possible to negotiate an out-of-court settlement. However, because death is involved, most cases will end up going to court. When an individual is killed as the result of the negligent conduct of a third party, those cases do not tend to settle quickly. In fact, few survival cases settle prior to filing a lawsuit.

Consult with an Attorney About the Survival Action Case Process in Oak Lawn

The relationship between your family and the attorney in a survival action or wrongful death case is critical. The attorney must be able to understand the pain that the family has gone through as a result of the loss of a loved one. They must be able to express that pain to a jury in representing a family for a wrongful death case.

Qualities such as empathy and compassion are important when deciding on hiring a lawyer to manage a survival action. Communication between the lawyer and the family must continue throughout the course of the case.

Fighting for compensation from a survival action can be an emotionally difficult thing. No one should attempt it alone. It is best to retain the services of a qualified local attorney to explain the Oak Lawn survival action case process and prepare the family for how to present the best argument for damages. If your loved one lost their life do to another’s negligence, get in contact with a lawyer who could bring you some measure of peace.