To lose someone is indeed very difficult to handle and deal with, but losing someone who is the main provider of the home can be very devastating in so many ways. Fortunately, there are laws that allow the deceased estate to file for wrongful death claims and survival action claims. According to the Cazayoux Ewing Law Firm website, there are certain differences between both claims, and it is important to understand these differences in order to know which legal action to go with.
Whilst wrongful death claims are made to provide compensation for damages to the deceased estate brought about by the death, a survival action can claim for damages and further injuries that the victim suffered before their death, in which the victim would have pursued should they have lived. A survival action claim can be filed when the victim did not immediately die after the accident, and during that certain time span was able to incur further medical bills and additional expenses, along with physical and emotional discomfort. When these situations happen, the deceased’ estate can file for both wrongful death claim and survival action claim. This will help them recover any damages that were incurred before the victim’s death due to the other party’s negligent or wrongful act.
Wrongful death laws and survival action laws can differ from each state. Furthermore, it’s important to determine who has the right to file for the claims, understand the process of appointing someone to represent the deceased’ estate, and the possible damages that may be awarded in the claim. Although the financial compensation awarded by the court may not bring back the life of the victim, it may ease the financial burden of the loss and give justice to the case.Read More
In worst case scenarios, accidents can cause serious harm to victims. Occupations like construction work or railway maintenance are physically trying on the body. In addition to this day-to-day wear and tear on the muscles, working as a laborer puts workers at a higher risk of sustaining a severe work-related injury. The website of the Pete Leehey Law Firm, P.C. mentions that many of the reported work-related injuries are caused by repetitive motion or unsafe worksites. Workers often suffer from knee, neck, shoulder, and back pain as a result of this repetitive motion.
In 2012 Michael Simermeyer was killed when working on a construction site. A frayed cable caused a tractor crane to collapse which crushed him. Recently, in August of 2013, his parents have collected one million dollars from Yonkers Insurance for neglecting to monitor and maintain the operating condition of the crane. Workers compensation initiatives are put in place in order to protect workers in high-risk environments. In cases like the Simermeyer family’s, the families of work-site victims can sometimes collect benefits from the party at fault in a wrongful death lawsuit.
When a victim survives a traumatic accident, the recovery process is a very important timeline to honor. In order to heal, continual rest, nourishment, and rehabilitation are necessary. Workers are entitled to a higher amount of money for a longer amount of time if an injury like an amputation occurred as a result of the property management’s negligence.
Money paid to injured workers is intended to cover multiple costs. Since injured workers can’t work as a result of the employer’s negligence, they are still entitled to the payment they would receive had the injury never occurred. In addition to this payment, they are entitled to financial compensation for medical costs. Worksite victims may need reconstructive surgeries like a rhinoplasty or expensive prosthetic equipment that they shouldn’t be responsible for purchasing out-of-pocket.Read More