A survival action compensates the estate of the deceased for losses the person suffered before death. Damages are similar to what they may have gotten if the accident had not happened. Damages go to the estate and not to the surviving family.
The wrongful death claim and the survival claim authorize separate types of damages. Wrongful death laws allow damages for beneficiaries who suffer from the death and the survival action allows awards to the estate originally payable to the decedent.
Following the wrongful death of a loved one, families should seek help from a compassionate Fort Worth survival action lawyer. A seasoned wrongful death lawyer could help families recover the compensation they need to move forward. Speak to a dedicated lawyer to learn about what may be possible in your case.
Who Can File A Survival Action Claim In Fort Worth?
Close family members may file a survival claim, depending on who is appointed to be the representative of the estate. When the deceased had a will, the person named in the will is the representative. When there is no will, an heir such as the decedent’s child, parent, or spouse can be the representative. Sometimes, there is no surviving heir. In such a case, a personal representative who is a family member or someone appointed by the probate court may bring a survival action on behalf of the estate.
The only exception to filing a survival action claim is the decedent’s will. A will bars the family from filing a survival action claim. The personal representative of the estate files the lawsuit and a Fort Worth survival action lawyer will work with them through the whole process to maximize the settlement amount.
For a free legal consultation, call (817) 775-5364
What Damages Can Be Sought In A Fort Worth Survival Action?
The survival laws allow the estate to be awarded damages that the person incurred from the moment of their injury until the time of death. The discovery process allows the attorney to establish evidence that does exist to determine whether damages for survival actions are available in the case, and if so, what they might be.
Survival damages can include their pain and suffering and lost earnings until their death. When the deceased died immediately as a result of the accident, the estate is entitled to pain and suffering, if pain and suffering can be proved. The estate is not entitled to damages for the decedent’s lost earnings.
Some survival action damages might be the medical expenses the deceased accrued before death, funeral and burial expenses, lost earnings, the accident-related pain, suffering, and emotional harm the individual experienced between the incident and the time of their death. If the victim passed immediately as a result of someone’s negligence, the estate is entitled to pain and suffering when pain and suffering can be proved. The most common non-economic damages are pain and suffering, inconvenience, disfigurement, and loss of consortium.
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Proving Negligence Has Occurred
The plaintiff must prove the elements of a survival action claim that include:
- A duty breach
- Proximate cause
- Damages
The facts of each case are different. Some facts are stronger in some cases than others. When the facts are in one’s favor, the damages are more favorable. Sometimes the facts are not in favor of the survivors of the decedent and the experienced Fort Worth survival action attorney needs to work up the case to maximize the damages.
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Let a Fort Worth Survival Action Attorney Help
When a tragic death touches a family, it is important to contact a Fort Worth survival action lawyer as soon as possible. A survival action is similar to a typical personal injury case. It involves investigative facts, preservation of evidence, and eyewitness accounts. The attorney analyzes the circumstances that caused the death and pursues the maximum settlement amount for all responsible parties to make the family as whole as possible from a financial perspective.
Call today to learn about how a compassionate survival action attorney could help your case.
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