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Survival actions allow the estate of a deceased person to obtain financial compensation for damages an accident victim could have been entitled to had they survived. Through a survival action, negligent parties could be held responsible for unexpected medical expenses, lost income, pain and suffering, and other losses the decedent would have been legally entitled to pursue.
A survival action is not the same as a wrongful death claim, in which a family seeks financial recovery for their own damages related to a tragic loss. A survival action can be emotionally difficult for grieving loved ones, so skilled and compassionate guidance from a Spartanburg survival actions lawyer is essential. Our wrongful death attorneys at KD Trial Lawyers could explain your options for pursuing a survival action.
Generally, injured parties may pursue liability against a wrongdoer and obtain recovery for economic damages, non-economic damages, and punitive damages through a personal injury claim. When an accident victim dies due to a wrongful act or negligence of another party, their legal right to recovery passes on to their estate under state law. Essentially, their right to file a lawsuit survives and may be pursued by the executor of the estate.
Any financial award resulting from the lawsuit would then go to the deceased’s estate. The state’s survival action statute is found under South Carolina Code of Laws § 15-5-90. The survival action pertains only to damages incurred between the time of an accident and the person’s death. Medical expenses, lost pay, out-of-pocket costs, pain and suffering, and other losses could be covered under such an action.
There are four keys to survival actions, which include:
Survival actions do not necessarily have to be based on the cause of death itself. A survival actions attorney in Spartanburg could fully investigate the facts of the accident, potential liability, and the full range of damages your loved one could have been entitled to seek.
A survival action is based on the medical expenses, pain and suffering, and other losses the deceased could have sought on their own based on the accident, and they do not include future losses or damages affecting family members.
Wrongful death claims, instead, are for the benefit of the deceased’s spouse, children, parents, or other next of kin. Wrongful death actions address the losses, such as funeral costs, emotional distress, loss of companionship, and other devastating costs of an unexpected accident, suffered by those closely related to the decedent.
A Spartanburg attorney could file both a survival action and a wrongful death claim at the same time under state law, so your grieving family could pursue both types of damages as well as justice for your lost loved one.
After a tragic accident caused by negligence, it is essential to consult a proven and compassionate Spartanburg survival actions lawyer. Our team at KD Trial Lawyers could listen to your story, gather information, and help your family pursue a survival claim on behalf of your loved one. Contact our dedicated legal team today to schedule a consultation.