Beaufort Survival Actions
Handling the loss of a loved one can be difficult, especially if they suffered a significant about of pain before their death. A survival action is a type of legal proceeding that may allow you to seek damages for the pain that your family member faces as a result of their injuries.
If you wish to learn more about Beaufort survival actions, you should reach out to an experienced wrongful death attorney. A legal professional at Schiller & Hamilton could inform you of all the legal options available to you and help your family choose the best course of action.
Understanding Survival Actions in Beaufort
Survival actions are most common when the injured person does not pass away immediately after an accident. Instead, they may suffer for days, weeks, or even months after the incident before finally succumbing to their injuries.
If the deceased person would have had a claim for damages against the parties responsible for their injuries, had they survived, then there may be a valid claim. It is important to note that survival actions are brought forth on behalf of the deceased person, not the surviving family members.
Who is Permitted to File a Survival Action?
Under S.C. Code § 15-5-90, the executor of an estate can seek compensation for the pain and suffering that the deceased experienced before death. In many cases, the deceased has named an executor or personal representative of the estate in their wills. However, if they died without a will, a probate court can appoint a personal representative on behalf of the estate.
Difference Between Survival and Wrongful Death Actions
Survival actions are related to, but different from wrongful death actions. While wrongful death suits focus on the family’s losses due to the death of their loved one, survival actions center on the events that occurred before that person died.
These legal actions often happen in conjunction with wrongful death claims. A skilled local attorney who focuses on survival actions could help families determine if they have a valid claim.
Recoverable Damages in Survival Actions
Due to the nature of a fatal accident, the decedent accrues no further damages after death, except for the funeral and burial expenses. Therefore, a survival action permits the estate to recoup damages and expenses related to the injuries before they become fatal. These damages may include:
- The costs of medical care and treatment
- Conscious physical pain and suffering
- Emotional distress and trauma
- Potential punitive damages in cases of reckless or intentional behavior
Similar to compensation in a wrongful death claim, damages in a survival action go to the beneficiaries of the estate. Typically, the compensation is awarded to a surviving spouse, children, parents, or other heirs if the deceased left no spouse or children.
The order of the heirs entitled to receive these damages follows the same order of heirs as if the deceased had died without a will. A lawyer in the area could help families identify who is eligible to recover damages from a survival action.
Speak with an Attorney About Beaufort Survival Actions
While grieving after the unexpected death of a loved one, legal action may be the furthest thing from your mind. However, you and your family may be able to collect various damages through a survival action.
Consulting a legal professional could help you determine if you are eligible for Beaufort survival actions. A compassionate attorney at Schiller & Hamilton could assist you and your family as you work to recover from your loss.