If someone passes away due to another’s negligence, surviving family members have to ensure no rights are being overlooked with the help of a wrongful death lawyer. If someone died after a period of time adjusting to their injuries, they may have lost the opportunity to file for a personal injury claim.
An Arlington survival actions lawyer could make sure that no one’s rights are forgotten about. They could help the representative of the estate request that family members receive the compensation that the decedent may have gotten if they have lived.
Basic Information About Survival Claims
Survivor actions are centered around the deceased person’s suffering rather than the grief and financial losses of the family. In a survival claim, the deceased’s estate could recover damages relating to the medical bills, lost earnings, and pain and suffering of the decedent.
Filing a Survival Claim
Claims like this are usually brought by the representative of the deceased’s estate. This person could be a spouse, child, or in rare cases, another close family member.
If a relative who would typically be eligible to file for a survivor action contributed to the decedent’s death, they are barred from filing a claim. A skilled survival claims attorney in Arlington could help family members determine if they are able to file for a claim like this.
How Often are Survivor Actions Sought?
If a survival action is viable, a diligent attorney could help the deceased’s estate representative file for it. Before survival claims were enacted, if somebody died, their right to a personal injury case nullified with their death. Now, wrongful death laws allow the estate to be awarded damages for the beneficiaries of the deceased.
For a free legal consultation, call (817) 775-5364
Damages in Arlington Survivor Actions
Survival action allows the estate to be awarded damages that the deceased incurred from the moment of their injury until the time of death. That means damages can include the deceased’s pain and suffering, but also lost earnings until they pass away. If the decedent died immediately as a result of the accident, they would not be entitled to any lost earnings because they were not barred from working as they healed from their injuries.
Evidence and Discovery Influencing Compensation
Evidence is a key component to making a tangible case. Evidence is usually linked with the discovery process because it is a way to exchange information between the plaintiff and the defendant.
Discovery is if the plaintiff’s attorney requests evidence from the defense. For example, an Arlington survivor actions attorney could request that information from the defense. The prosecution then could weigh the evidence to see what actions could be brought and if that evidence is significant enough to make a case.
Facts Determining Damages
Well-versed attorneys have the legal knowledge to investigate and analyze the circumstances surrounding the plaintiff’s loved one dying. They could gather the evidence and determine if the defendant’s behavior is to blame for the death. Depending on their situation, the family may have the right to pursue a survivor action, a wrongful death claim, or both.
Contact an Arlington Survival Actions Attorney Today
Your loved one may have been able to receive financial compensation if they had survived their injuries. Do not let their rights be forgotten. Enlist the aid of an Arlington survival actions lawyer to protect the rights of your deceased loved one and earn your family the compensation it deserves. Call our office now to learn more.
Call (817) 775-5364 or complete a Free Case Evaluation form
