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.