Survival Action Claims in Lakewood
A survival action is brought by the immediate family members for the losses that they sustained as a result of the wrongful death of their family member. While a wrongful death claim allows a family to be compensated for their personal losses that resulted from the death of their loved one, a survival action focuses on the losses of the decedent leading up to their passing.
Survival action claims could allow your family to seek the compensation that you deserve and hold the responsible parties accountable for the loss of your loved one. Reach out to a skilled fatal accident attorney today to learn more about pursuing survival action claims in Lakewood.
Determining a Representative in Survival Action Claims
Typically, after someone dies, the probate court determines whether the deceased had a valid will. This document will appoint an executor to handle the estate. That individual can also bring forward a survival action.
If someone passes away without a will, they are considered to have died intestate. In this instance, the probate process is used to determine the decedent’s rightful heirs. Typically, the spouse will be the first inheritor, followed by the surviving children. To initiate the probate process, a survivor must petition the court to act as the personal representative of the estate.
A personal representative performs the same duties as an executor would in the case of a valid will. The decedent’s surviving spouse or adult child tends to have priority to be a personal representative. However, someone close to the decedent could also be qualified if they get written consent from the surviving family members. If the family cannot agree on a personal representative, the court will choose one for them. A knowledgeable attorney could help an executor or personal representative to understand their legal rights and pursue survival actions in Lakewood.
Pursuing Damages with an Attorney Lakewood
After the loss of a loved one, a family is entitled to certain damages to compensate for their losses as well as the suffering of the decedent. The damages available in a survival action claim are what the deceased would have recovered had they survived.
Under state law, survival actions are limited to the loss or damage that the decedent sustained or incurred before their death, including any penalties, punitive, or exemplary damages that the decedent would have been entitled to recover had they survived. To quantify these losses, a lawyer could gather evidence of hospitalization costs, medical expenses, funeral and burial costs, and loss of income and potential earnings.
Funeral costs are prioritized in state law over most other state debt. Survival action could be one way for the party sustaining the loss to claim funeral expenses.
The cost of a funeral can vary widely, depending on whether the decedent’s family chooses a cremation or a funeral. Choice of casket and the extent of the funeral services chosen by the surviving parties can also impact the total cost of a funeral. An attorney could further explain the state statutes that govern recoverable costs of the funeral and other expenses.
Non-economic damages, such as pain and suffering, cannot be pursued in a survival action claim. These damages are part of a wrongful death suit. A Lakewood attorney with experience in survival action claims could help a family assess their economic losses, gather evidence, and pursue a damages award that fairly compensates their loved one’s losses.
Reach out to a Dedicated Lakewood Attorney Today to Discuss Survival Actions
Losing a loved one is never easy, and the financial strain of lost wages, medical bills, and funeral costs only adds to this burden. Allow an attorney to pursue justice on behalf of your family so that you can focus on healing.
Our compassionate legal team has a detailed understanding of the law and could work tirelessly to unearth every element of compensation that you and your family are entitled to. Call today to speak with a skilled attorney about survival action claims in Lakewood.