Bluffton Survival Action Lawyer
When a person passes away in Bluffton due to the negligence of another party, their estate could be entitled to monetary damages through a survival action. A survival action is a type of civil lawsuit that allows the estate of a deceased person to seek compensation for the injuries they suffered prior to their passing.
In some ways, a survival action is the personal injury case that the deceased person would have been able to pursue on their own has they survived. While the decedent’s estate must pursue this type of case, the proceeds of a successful survivor action will pass to the heirs. If you face uncertainty about your rights following the wrongful death of a loved one, a Bluffton survival action lawyer could help. Call a dedicated wrongful death attorney now to learn more.
Survival Actions vs Wrongful Death Claims
Survival actions are often confused with wrongful death lawsuits. Both of these civil lawsuits result from the untimely passing of an individual, but the specific compensation available in each case is different. Wrongful death cases seek compensation for the hardships that the surviving relatives face after their loved one’s unexpected death, such as mental anguish and financial support they will no longer be receiving from their loved one.
Survival actions, on the other hand, are designed to recover compensation for the damages that the decedent suffered prior to their passing. These physical, financial, and emotional damages would normally make up the basis of a personal injury lawsuit had that person survived. A Bluffton attorney could help the personal representative of the estate pursue a survival action under these circumstances.
Damages in a Survival Action
There are different types of damages available in a survival action lawsuit. The specific nature of these damages will depend on the injuries suffered by the decedent at the end of their life, as well as whether and for how long they were in the hospital before succumbing to their injuries. A survival action attorney serving the Bluffton area could offer more insight on what these damages may include in a particular case.
If a person does not pass away immediately after their injury occurs, it is likely that they incurred medical bills prior to their passing. An estate has the right to pursue compensation for these final medical expenses.
Pain and Suffering
The conscious pain and suffering a person experienced prior to their passing could also be recoverable in a successful survival action lawsuit. To calculate the value of these damages, the court must consider the severity of the physical injuries as well as how long the decedent lived with them prior to their passing.
Survival actions allow the estate to recover the decedent’s final expenses, which primarily include costs associated with the funeral and burial. These costs can vary depending on that person’s final arrangements, including whether or not the decedent is cremated. Because these final expenses are only accrued by the estate due to the defendant’s negligence, it is only right for the at-fault party to bear them.
Talk to a Bluffton Survival Action Attorney Right Away
If your loved one suffered a fatal injury due to another person’s negligence, their estate could be entitled to recover damages through a survival action. Do not pursue your legal options alone, let an attorney advise you of your rights in this situation. Call a Bluffton survival action lawyer right away.