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Colorado Injury Firm

Loveland Survival Actions Lawyer

When a plaintiff files a lawsuit in civil court, they may succumb to injuries or illness before the case is resolved. The damages they were trying to recover could severely impact their estate. Family, heirs, or next-of-kin may be left with unpaid bills or other financial losses.

The plaintiff’s heirs may have the option of filing a survival actions lawsuit to ensure that they get justice and that their estate is not affected by the losses that the original suit hoped to remedy.

A Loveland survival actions lawyer could determine if your loved one’s family or heirs are qualified to file. They could also represent you to help obtain compensation for the losses the plaintiff suffered while living. Contact our seasoned wrongful death attorneys today to find out more.

Options for Filing a Lawsuit

When a plaintiff dies before a lawsuit is resolved, it does not have to end with the defendant essentially winning the case. The plaintiff’s family or heirs can either file a motion in the original lawsuit to make it a survival action, or they can file a new suit to keep it alive.

The plaintiff has a representative, either the executor of their estate as named in their will or a personal representative appointed by a Colorado probate court. This person can file a motion in the original lawsuit while it is still pending, or, with the assistance of a Loveland lawyer, they could file a separate survival action within two years of the plaintiff’s death.

By Colorado law, survival actions:

  • Can be any lawsuit except slander or libel
  • Cannot include loss of potential earnings, pain and suffering, amputation, or disfigurement
  • Cannot result in a reward of punitive damages (an award to punish the defendant’s wrongdoing)

The first two limitations exist because, after death, the plaintiff will not personally be harmed by present or future losses. While some states allow punitive damages to be awarded in survival actions, Colorado does not.

Survival Actions vs. Wrongful Death Actions

Survival actions are sometimes confused with wrongful death actions. A survival action that “survives” continues after the plaintiff who filed the lawsuit dies. The family or next-of-kin files a wrongful death action on behalf of a person who died because of the injuries caused by the defendant.

An essential difference between wrongful death lawsuits and survival actions is that in survival actions, awards go to the plaintiff’s estate, not directly to their next of kin. However, the damages that go into the estate will go to their heirs.

The awards will then be distributed according to the plaintiff’s estate plan, Colorado law, or any ruling by the probate court. The damages awarded cannot make the plaintiff whole again but can make whole what is lost from their estate.

The Impact of Economic Losses

Unfortunately, when someone incurs a serious injury, spouses and other family members suffer economic losses. Surviving spouses may be left with unpaid medical bills and debts, and family members may inherit financial losses while caring for the injured plaintiff.

As a Loveland lawyer could further explain, survival actions not only compensate the next-of-kin but also get the plaintiff the justice they were seeking before they passed away.

Connect With a Survival Actions Attorney in Loveland Today

Family and heirs could work with a Loveland survival actions lawyer to turn their loved one’s lawsuit into a survival action.

Next of kin have until the plaintiff’s original lawsuit is dismissed to file a motion to convert it into a survival action. However, they have two years from the plaintiff’s death to file a survival action lawsuit.

If your loved one died before their lawsuit was resolved, our reliable personal injury attorneys could help you finish what they started and work to keep the next-of-kin from shouldering the same losses. Schedule an initial consultation with our compassionate team to learn more.

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