Losing a family member is difficult, but unexpectedly losing a family member because of another person’s negligence can be devastating. Often, the untimely loss of a family member leaves the survivors with expenses that they are unsure how to handle. If you have lost a family member and have mounting expenses, you need to speak with an experienced Duluth survival actions lawyer.
Our wrongful death lawyers at Barrios Virguez Attorneys: Accident & Injury Law advocate on behalf of those who have unexpectedly lost their lives. We are here for the families of those who have passed because of another’s negligence. A dedicated attorney from our firm can take care of the legal aspects of a survival action so that you can focus on taking care of your family.
What Is a Survival Action?
A survival action is filed by a decedent’s estate to recover for damages the individual incurred from the time of the accident until their death. A survival action differs from a wrongful death action in that the wrongful death action can be filed by a family member for compensation for their losses. In a survival action, the personal representative of the decedent’s estate files an action to recover expenses incurred by the decedent.
A survival action is for damages that the decedent would have received if they had survived. A survival actions lawyer in Duluth can assist in filing an appropriate action to recover damages after an untimely death.
Potential Compensation Available in a Survival Action
A survival action is filed to receive compensation for losses the deceased suffered between the time of injury and their death. Medical expenses, including emergency medical treatment, surgeries, or any other medical costs incurred from the time of the injury to death, can be included in damages in a survival action. Lost wages from the injury to the time of death can be calculated. Compensation for the decedent’s conscious pain and suffering can be determined and requested. The personal representative can request that funeral and burial expenses be reimbursed through a survival action. Any additional expenses incurred by the decedent from the time of the accident to the time of death can also be included in a survival action.
An experienced Duluth survival actions attorney can assist in determining all potential compensation that may be claimed.
Differences Between a Wrongful Death Action and a Survival Action
There are several differences between a wrongful death action and a survival action. A wrongful death action compensates the family members for their losses directly. A survival action seeks compensation on behalf of the decedent for their damages sustained before they passed. Compensation in a survival action is paid to the decedent’s estate and then distributed per the terms of the will. Both a wrongful death action and a survivor’s action can be filed at the same time.
Our qualified lawyers in Duluth can assist with filing all appropriate actions, survival or wrongful death, based on the circumstances of your specific case.
A Duluth Survival Actions Attorney Can Help You Seek Justice
The untimely loss of a family member is devastating and can leave the family with questions and lots of unexpected expenses. A Duluth survival actions lawyer can assist you in navigating the legal process after an unexpected loss.
At Barrios Virguez Attorneys: Accident & Injury Law, our compassionate lawyers can assist you in navigating the legal process of filing a survival action. Our bilingual attorneys can answer your questions in both English and Spanish. We are here to help your family. Contact our team for a free case consultation.
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