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Colorado Injury Firm

Denver Survival Action Claims

As defined by Denver law, there are two major differences between wrongful death laws and survival laws. Wrongful death laws allow the estate to bring the lawsuit before setting the legal procedure for doing so. Wrongful death laws and the survival laws authorize separate type of damages to be awarded to the estate for the death of the decedent. 

Wrongful death laws allow the estate to be awarded damages for the beneficiaries of the deceased. The survival laws allow the estate to be awarded damages that the decedent could have recovered if the individual had not died. This means that an individual can bring two Denver survival action claims at a time. In order to file a claim, speak with a skilled wrongful death lawyer as soon as possible.

Defining an Estate Representative in Survival Action Claims

In Denver, the personal representative of the estate will have the power to file survival action claims. This person is usually the decedent’s closest surviving relative, such as a spouse, child, or parent. Generally, the deceased’s family will agree on the identity of the personal representative. If the deceased left no will or if the family members do not get along and can’t come to an agreement, the courts will step in and designate a personal representative. 

Survival Action Claim Process

When the decedent survives and suffers for a period before dying from a tortfeasor’s actions or negligence, the decedent’s personal representative in Denver can bring survival action claims to collect on any economic damages incurred between the time of injury and the time of death. An attorney can then set up the claim with the tortfeasor and try to get them to pay what is rightfully owed to the decedent’s estate. If that amount is not paid, an attorney can bring the action against the tortfeasor. 

What Damages Can Someone Recover?

When seeking survival action claims, courts in Denver often limit damages to economic loss incurred before the decedent’s death. Damages for the decedent’s pain and suffering are not recoverable under survival law, nor are perspective economic losses. 

An injured person can also seek damages for money lost from treatment. Medical and billing records are considered the types of evidence that can show that the decedent suffered but stayed alive in the hospital before dying. 

Seek Help From a Denver Attorney When Filing a Survival Action Claim

In cases involving Denver survival action claims, it is important for an attorney to not only focus on the case but do so in a way that could allow the family time to grieve. Losing a loved one is never easy and is sometimes the most difficult thing a family member will have to do.

Legal counsel often understands not just the legal side of the issue, but the actual damages and the suffering that the family is going through as well. It is because of their level of understanding that an attorney can try to move the case forward while being mindful of what the family lost and what the family is presently going through. Call now to discuss how we could support you and your family through this challenging time. 

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