When a loved one is killed in an accident, there are many steps their estate must take. The decedent’s estate may be eligible to recover compensation for damages. When seeking compensation for damages, it is best to seek help from a dedicated wrongful death attorney. A lawyer could help you seek justice for the death of your loved one. To begin the process of seeking compensation, an individual gets appointed the personal representative of the estate of the deceased in the probate court. A claim is filed with the insurance carrier for the individual causing the wrongful death or the entity. The suit proceeds and a lawsuit is filed on behalf of the estate to recover benefits for the estate and the dependents and beneficiaries of the deceased.
Reach to a Rock Hill survival action lawyer to discuss your eligibility for damages.
What Are The Differences Between A Wrongful Death Action And A Survival Action?
There are differences in the damages associated with each separate cause of action for wrongful death claims and survival actions. The wrongful death are the damages suffered by the dependents and beneficiaries of the deceased, and the survival action are damages that would have survived the deceased had they lived, so they are that individual’s damages.
Pain and suffering, mental anguish, emotional distress, medical expenses, and funeral expenses—those are damages that belong to the deceased had they survived. For wrongful death actions, the benefits have to do with the person who has lost their loved one.
The real difference is who recovers the damages. The survival action goes to the estate. The wrongful death passes it outside of the estate. It is best to speak to a seasoned survival action lawyer to discuss the specifics of their case.
For a free legal consultation with a survival action lawyer serving Rock Hill, call 1-803-366-0333
If the Decedent Did Not Leave Behind A Will, Who Is the Representative Of Their Estate?
Intestate laws give certain priority to certain individuals, and if there is no will, then the spouse would be the preferred person to serve as the personal representative of the estate. If there is no spouse, then possibly an adult child of the deceased. If there is no adult child, it is then tasked to a parent of the deceased or a sibling of the deceased, but there is a clear progression on who may go for priority in serving as the personal representative of an estate and where the benefits would go based on our intestate statutes.
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Common Types Of Damages Involved In A Survival Action In Rock Hill
The survival damages are the damages that survived the deceased: conscious pain and suffering, medical expenses as a result of the injuries that caused the death, and funeral expenses. Those are the damages that are suffered by the deceased prior to their death or at the time of their death. The survival damages are those that belong to the estate.
Punitive Damages
The decedent’s estate may also be eligible to recover punitive damage in a wrongful death and survival action case. It just depends on whether or not the conduct of the entity or individual who caused the death of the person was gross negligence or reckless. An individual can get punitive damages when they have gross negligence or reckless behavior in any type of personal injury case, including wrongful death.
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Seek Help From a Rock Hill Survival Action Attorney
Often, those who have suffered a loss do not know what to expect, and that creates fear. An attorney can help give a certain peace of mind to a family who suffered the loss of a loved one in knowing that someone is in their corner fighting for them and helping them to make it right. The attorney will stay in close communication with a family who has suffered a loss and let them know what to expect so we can take away the fear of the unknown.
They do not know what is going to happen, how they are going to bring a claim against someone, where they get the evidence, and what it is worth. Working with families, keeping them informed, and letting them know that we are there and will fight with them and for them makes a big difference.
When you are ready, reach out to a Rock Hill survival action lawyer for help your case.
Call or text 1-803-366-0333 or complete a Free Case Evaluation form