Colorado Springs Survival Actions Lawyer
Losing a family member or loved one is a devastating experience, no matter the circumstances. But it is particularly tragic when someone’s life is cut short due to another person or entity’s negligence. A Colorado Springs survival actions lawyer could help you pursue justice on their behalf.
When someone is injured due to negligence, ordinarily, they can seek compensation through a personal injury lawsuit. If they die, their right to compensation survives their death. Even if the circumstances of their death are entirely unrelated to the incident, their personal representative can seek damages for their injuries related to the accident. If you are considering filing a survival action on behalf of a deceased loved one, reach out to a compassionate wrongful death attorney to discuss your legal options.
The Process of Bringing a Survival Action
A survival action is a lawsuit brought by a decedent’s personal representative for losses suffered related to the death. Although wrongful death lawsuits are similar in that they are filed due to someone’s negligent conduct that causes a person’s death, damages in a survival action are specifically for the decedent. In a wrongful death case, the compensation is for the loved ones filing the case. After a death, both types of cases can be filed concurrently. It is important to remember that damages for a survival action will be awarded to the decedent’s estate, not their loved ones.
Another key distinction from wrongful death suits is that survival actions must be filed by the decedent’s personal representative. Family members can bring a wrongful death claim on behalf of their loved one but cannot bring a survival action. If the decedent has not designated a representative before their death, the probate court will appoint one. A family member can certainly be selected as a representative of an estate but cannot bring a survival action unless they are duly appointed. Speak to a knowledgeable Colorado Springs attorney about bringing a survival action.
Types of Damages in a Survival Action
The purpose of a survival action is to compensate a deceased person’s estate for losses related to their injury. Damages can be substantial if the person was hospitalized for a long period of time or needed surgery. Compensation could include:
- Lost income
- Funeral and burial costs
- The cost of medical care leading up to their death
- Damage to personal property related to the incident
As discussed, damages from a survival action are paid to the decedent’s estate. The money can be used to settle debts and other liabilities or can be paid out to heirs according to the decedent’s will or state intestacy laws. It is important to remember that a survival action can only compensate someone for their losses related to the injury. Those damages are not recoverable if the person dies for an unrelated reason. Likewise, non-economic losses related to the deceased’s pain and suffering, reduced earning capacity, or diminished quality of life are not recoverable. Family members may be able to seek compensation for those losses in a separate wrongful death suit. A well-practiced survival actions lawyer in Colorado Springs could explain the differences between the two types of claims in further detail and help determine whether one or both may be appropriate.
Schedule a Consultation With a Colorado Springs Survival Actions Attorney
When you are considering filing a survival action, time is of the essence. Colorado law gives the personal representative of an estate two years to bring the claim. If the suit is not filed within this time frame, the right to recovery is forfeited. Contact a Colorado Springs survival actions lawyer to get started on your claim.
