Lakewood Survival Action Case Process
Pursuing a survival action claim after the tragic loss of a loved one can seem daunting. You deserve compensation for what your family has been through, but the weight of a legal case does not have to fall on you alone.
A dedicated attorney could help you through the Lakewood survival action case process, taking some of the burden off of you so that you can focus on what matters. Call today to speak with a compassionate survival action attorney about your case.
First Steps in Initiating a Survival Action
When an injured person survives for a period of time before passing, the decedent’s estate could pursue a survival action claim. State law allows a personal representative to recover economic losses that were incurred after the injury but before the decedent’s death.
To start the survival action process, a plaintiff files a claim with the at-fault party’s insurance company. A personal representative that is either named in the decedent’s will or appointed by the court is the only person who can bring wrongful death and survival actions. A seasoned attorney could assist a personal representative in bringing forward a survival action claim in Lakewood. The court will determine whether or not to continue the action.
Establishing Liability in Survival Action Cases
The elements of liability that a plaintiff must prove in a survival action case include:
- A duty of care on the part of the at-fault party
- A breach of that duty of care
- Causation of injuries as a result of the breach
- Damages sustained from the causation of injuries
A skilled Lakewood attorney could help a plaintiff prove the elements of negligence to the court. Damages in survival action cases are often limited to the economic loss incurred before the decedent’s death. Damages for the decedent’s pain and suffering are not recoverable under survival law. 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.
Private Settlements vs. Court Cases in Lakewood
A decedent’s personal representative could work with an attorney to decide whether a case should proceed to court or be handled in a private setting. To determine the best course of action, an experienced lawyer could analyze all the surrounding factors associated with the survival action claim, including the liabilities against the defendant.
Negotiating Private Settlements
In certain circumstances, it may make sense to settle a survival action case through private negotiation. If a plaintiff is offered a reasonable settlement, they may decide to resolve the matter out of court.
However, the at-fault party may not agree to settlement negotiations immediately. If the defendant is a corporation with numerous lawsuits in progress, an attorney may try to bring publicity to the case. This could push the corporation to settle the case quickly, resulting in higher compensation for the grieving family.
Taking a Case to Court
An important factor to consider is the strength of the plaintiff’s case and the amount that the insurance company is offering to settle the survival action. If the plaintiff decides that they have a strong case and the insurance company is not offering an adequate settlement, they may decide to take the matter to court.
In these situations, the family may have a better chance of receiving adequate compensation with a jury. A well-versed local attorney will consider all factors when determining the best route to compensation in a survival action case.
Let a Lakewood Attorney Walk You Through the Survival Action Case Process
If you have lost a loved one due to the wrongful actions of another, it is crucial to reach out to a diligent attorney as soon as possible for the best chance at recovery. Contacting our legal team quickly can help ensure that they will have adequate time to assess all damages and draft a claim before the filing deadline.
Our compassionate lawyers could fight for justice for your loved one, pursuing a damages award that could mitigate some of the financial strain of your loss. Call today to learn more about how we could assist you in the Lakewood survival action case process.