In survival actions, the role of monetary damages is to reimburse the estate for medical expenses, funeral expenses, and any other expense that has been incurred because of the wrongful death. It is to reimburse the estate for those damages, those expenses, that the estate has incurred because of the death. Following the unexpected death of a loved one, it is best to reach out to a compassionate survival action lawyer. A seasoned attorney could help you calculate damages in Rock Hill survival action cases.
How Does Pain And Suffering Get Calculated?
Conscious pain and suffering has to do with how long the individual survived from the time of the negligent act to the time of their death. That is calculated based on the severity of injuries, the length of time that they were aware that they were in jeopardy of being hit by a vehicle, or the time they were aware of impending harm to the time they have passed away. Calculating pain and suffering mostly has to do with severity and duration.
The decedent’s estate takes into consideration all of the assets of a person who is deceased, so if that individual suffered and had survived, they would have been paid pain and suffering. An estate is set up for the deceased, so all the things that the decedent owns, their home, their car, and all of that goes through the estate.
If that individual had suffered pain and suffering and was owed money from an offending party or at-fault party, that money goes to the estate. That would include any conscious pain and suffering that then goes to the estate and becomes an asset of the estate.
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Common Medical Bills That Accompany Survival Actions
The most common medical bill that accompanies survival actions is an ambulance or an emergency room bill, trauma center bill, helicopter ride, and hospital medical expenses. Those are all expenses that are owed by the estate.
If someone else is responsible for having caused the individual to incur those expenses, then it is good public policy to make sure that the offending party is held accountable and has to pay those damages to the estate so the estate can pay for those medical expenses that were incurred prior to the individual’s death. Emergency room, ambulance services, transportation, and trauma services are typically the most common medical expenses incurred by someone in a wrongful death action.
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How Are Funeral Costs Considered To Be Damages?
The components of funeral costs are the type of casket, the type of service, and whatever the estate or the personal representative of the estate or the family decides to do. If they have the person cremated, that is going to be expensive. If the family decides to have a very large funeral, that is going to be more expensive.
Those expenses are being incurred by the estate for someone else’s wrongdoing or someone else’s negligence. The reason those damages should be reimbursed or paid by the offending party is because had it not been for their actions, the family would not be incurring those funeral expenses.
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How a Survival Action Lawyer Could Help
It is important to work with an attorney following the unexpected death of a loved one because a lawyer understands which damages are to be included in the survival action. A seasoned survival action lawyer will know how to calculate those damages, understand whether an expert is required, and how to determine which medical expenses. They are helpful in making sure that all the evidence is gathered in order to be accurate in making the demand for damages on a survival action.
If someone does not have an attorney, then they may miss some of those damages, and that could substantially reduce the value of the claim being made by the estate. Therefore, all the beneficiaries of the estate, any individual that would be receiving benefits from that estate, can have their damages substantially impacted without having an attorney involved. Call today to discuss your case and the types of damages in Rock Hill survival action cases.
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