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Colorado Injury Firm

Thornton Survival Actions Lawyer

After a loved one’s death, the last of your concerns should be how you will be able to pay for associated expenses. However, many sudden accidents can leave families with a great deal of unexpected medical expenses and other bills.

If you believe that your treasured family member died because of somebody’s irresponsible, reckless, or willful misconduct, you could be able to pursue a survival action with the help of a seasoned attorney. Learn more about your compensation options by consulting with a Thornton survival actions lawyer.

Differences Between Wrongful Death Claims and Survival Actions

After a wrongful death, there is often more than one legal remedy available to struggling surviving family members.

Survival Actions

Survival actions are lawsuits that involve the losses of the decedent themselves. Generally, survival actions address the losses that occur after the injury but before the decedent’s death. They help compensate for the personal injuries and other losses that the decedent sustained from the accident while they were alive. A survival action survives the decedent’s death and allows their estate to recoup those losses.

Wrongful Death Claims

Unlike survival actions, which pertain to the losses of the decedent, wrongful death claims involve the harm caused to the decedent’s surviving family members. A decedent’s heirs file wrongful death claims to address losses, such as loss of the decedent’s companionship and the loss of the earnings they would have contributed to the household during their lifetime. These claims address the losses that occur after the decedent’s death.

A knowledgeable attorney could help a grieving family by investigating the incident that led to the death. If they determine that another person or company bears legal responsibility for causing the death of a loved one, a Thornton lawyer could help a family litigate their wrongful death and survival actions either separately or together in one lawsuit.

Common Types of Damages in Survival Actions

The damages in survival actions are similar to those in personal injury claims. A claimant could pursue recovery of all of the economic losses sustained by the decedent before their death, resulting from the defendant’s negligence or misconduct. Commonly, people seek recovery of the medical expenses resulting from the accident that caused the injury. They could also recover funeral expenses under Colorado law. If the injury occurred in a car collision, a claimant could also pursue recovery of the cost to repair the damaged car. If the decedent’s injury prevented them from working for a time before they died, a claimant could pursue recovery of the decedent’s lost wages from the time of the injury up until their death. There are no statutory caps on survival action damages.

Colorado law does not award non-economic damages, such as pain and suffering and disfigurement, in survival actions. In addition, not every person affected by a loved one’s death can bring a survival action on behalf of their departed loved one. Colorado law only permits a personal representative to bring suit. A skilled Thornton attorney could explain survival actions in more detail and advise and guide grieving family members through the legal process.

Contact a Thornton Survival Actions Attorney Today

If you believe that somebody else is responsible for causing the injury that led to your loved one’s death, your family might want to look into filing a survival action to help pay for those expenses.

Contact a Thornton survival actions lawyer today to learn about whether filing a survival action or wrongful death claim is the right decision for your family. A dedicated member of our legal team could walk you through your options and ensure that you get the compensation you deserve.

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