The loss of a loved one is traumatic and painful and can disrupt your entire family. It is natural to want to make someone pay for that loss. You have two ways to try to make the wrongdoers pay. The first one is a wrongful death action, where you seek compensation for the loss you have sustained because of someone’s death. The second is a survival action.
As a compassionate wrongful death attorney could explain, survival actions differ from wrongful death claims. Instead of seeking compensation for the loss of a loved one, you are seeking compensation for the harm that they experienced before they died. A Gainesville survival actions lawyer from Smith Hulsey Law could examine the circumstances surrounding the death of your loved one and advise you about your potential remedies.
While the survivors bring a survival action, it helps to think of this claim as the deceased’s lawsuit. It is the same claim that they would have been able to bring had they survived the injury. A survival action seeks compensation for the deceased for the losses they sustained as a result of their accident and before their death. The compensation survivors can seek include medical expenses, lost wages, and pain and suffering. The survivors benefit from the lawsuit as heirs or beneficiaries of the deceased’s estate but not as individuals.
The nature of the compensation depends on the nature of the injury and how long the person survived the accident. If the person dies immediately, their damages are usually insignificant because they may not have had medical bills or lost wages. However, if they survive long enough to go to the hospital, it can easily be more in damages due to significant pain and suffering. A Gainesville survival actions attorney could help explain the damages available based on the deceased person’s circumstances.
Not every surviving family member can bring a survival action. Usually, a surviving family member has no right to bring the action. Instead, the estate’s executor, a representative or administrator, brings the action.
Not everyone has a will designating a state representative as well. In those instances, the court will appoint a family member of the deceased to bring the suit. However, they will not bring it in their capacity but as a estate representative instead. Any resulting damage award will become the property of the deceased’s estate. Like any other estate assets, the compensation in a survival action will be used to pay the deceased person’s debts before it is distributed to the survivors. A Gainesville attorney could provide advice about how to proceed with a survival action.
When a person brings a survival action on behalf of the deceased, they may also consider bringing a wrongful death action, and a Gainesville attorney could advise if this is a wise step. While both actions are based on the same events that led to the person’s death, a wrongful death claim seeks damages on behalf of the survivors.
Survivors can seek damages in a wrongful death claim for both tangible and intangible losses. Some examples of compensation available are loss of financial support, loss of companionship, loss of employment benefits, and loss of service. While surviving family members often pay for a person’s funeral, those damages are better suited to a survival action.
Wrongful death claims also differ from survival actions in how people get compensation. A wrongful death claim is a personal claim on behalf of the deceased. If they are successful in the suit, they receive the damages, not the person’s estate. Another essential difference is estate taxes. Generally, the awards in wrongful death suits are tax-free. In contrast, the award from a survival action passes to the estate and could be subject to inheritance and estate taxes.
When you lose a loved one, the legal system provides two ways to seek justice. A wrongful death action seeks compensation for your losses as a survivor. A survival action posthumously seeks compensation for the person’s injuries. In many instances, survivors can bring both types of claims.
A Gainesville survival actions lawyer could help you explore your potential remedies during a consultation meeting. Call our firm today to schedule an appointment.
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