Survival Action Case Process in Rock Hill
There are many steps in a survival action case. The first step in initiating a survival action in Rock Hill is to have someone appointed in the probate court as the personal representative of the estate and opening the estate. Once the estate is opened, an inventory and appraisal must be filed, which basically lists the value of all of the assets of the individual who has passed away. That inventory and appraisal would be filed on an annual basis until the case is resolved.
In a survival action, whatever damages are deemed payable to the survival action would be then included in the inventory and appraisal. Then, during the administration of the estate, depending on whether they had a will or whether they died intestate, then the personal representative of the estate would pay out to each of the beneficiaries of the estate. Once all of that is done, then the estate gets closed.
It is best to seek help from a compassionate survival action lawyer following the death of a loved one. A dedicated survival action attorney could help you seek justice for your loved one and help your family recover the compensation you need. Compensation could cover costs of the decedent’s medical expenses, funeral costs, and other non-economic damages such as grief and loss of support. A skilled attorney could help you and your family understand the survival action case process in Rock Hill.
Establishing Liability In Survival Action Cases
The first step in the survival action case process in Rock Hill is determining whether there is liability. The main elements a lawyer would investigate includes duty, breach, causation, and damages. The lawyer would investigate the actions of the offending party to determine if they breached a duty. The attorney will determine if there was a duty owed to the deceased, whether someone else breached that duty to the deceased, and whether the breach of the duty was the proximate cause of the injuries that resulted in the death of the client.
How Much Time Do Survival Actions Take in Rock Hill?
The survival action is part of the wrongful death case. A wrongful death action has two parts including the wrongful death benefits and the survival benefits. The wrongful death case will be brought by the beneficiaries and dependents of the estate and the survival action, which is on behalf of the estate. The wrongful death and survival action take the same amount of time and are filed jointly as one claim. Within a wrongful death action, there is a claim for benefits and the survival action.
Let a Survival Action Lawyer Help
The time after the death of a loved one could be confusing. Trying to grieve and handle the legal elements of your case can be difficult. An experienced attorney could help make the process easier. The survival action lawyer could help establish liability, calculate damages, and help your family seek justice for your loved one.
Call Schiller & Hamilton today to learn about the nuances of the survival action case process in Rock Hill.