Frisco Survival Action Lawyer
If you lost a loved one to a fatal accident, you may be going through any number of personal and financial losses as a result of their untimely passing. Fortunately, you could seek recovery for your and your family’s losses through wrongful death litigation—but what about the losses your family member suffered personally just before their death?
A knowledgeable attorney could help pursue compensation for these losses as well through a similar but unique type of case known as a survival action. With guidance from a Frisco survival action lawyer, you could recover for a variety of economic and even non-economic losses on behalf of a deceased person’s estate, the value of which could then be paid out to eligible heirs and beneficiaries.
How is a Survival Action Different from a Wrongful Death Claim?
Although both types of cases revolve around someone losing their life due to another party’s negligence, there are a few key differences between wrongful death cases and survival actions, all of which a seasoned local attorney could explain in further detail as needed. First and foremost, only a decedent’s spouse, children, and/or parent(s) can generally file a wrongful death claim under state law, whereas an estate representatives could pursue a survival action.
Furthermore, each type of case is meant to pursue different types of damages for different individuals. For instance, wrongful death cases seek restitution for losses that a decedent’s surviving family members experienced or will experience directly due to their loved one’s death, while a survival action seeks restitutions for losses the decedent experienced between when their accident occurred and when they ultimately passed away.
Finally, in the event of a successful case result, damages acquired through wrongful death claims and survival actions are paid out in different ways to different parties. The former type of case pays damages directly to the claimants, who by state law are also beneficiaries of the decedent’s estate. In the latter type of case, any damages recovered are paid to the decedent’s estate directly, which ultimately benefits the beneficiary in the descendant’s will or his statutory beneficiaries. These can be totally different people than the wrongful death beneficiaries.
Damages Recoverable Through Survival Actions
Since survival actions are meant for damages that occurred prior to a decedent’s death, the types of losses recoverable through this type of claim are different from those in a wrongful death claim. Based on the circumstances, a survival action lawyer in Frisco may be able to seek recovery for any or all of the following on behalf of that decedent’s estate:
- Emergency medical expenses
- Missed work wages
- Personal property damage
- Physical pain
- Emotional anguish
- Any funeral and burial expenses covered by the decedent’s own assets or estate
Importantly, the same two-year statutory filing deadline that applies to wrongful death cases also applies to survival actions. Fortunately, it is possible to pursue both types of claims simultaneously if necessary.
A Frisco Survival Action Attorney May Be Able to Help
The days and weeks following a fatal accident can be a confusing and emotionally exhausting time for everyone involved, especially surviving family members and beneficiaries of the deceased individual. The losses experienced by spouses, children, and other close relations can be overwhelming, as can the financial damages to the decedent’s estate.
Just as a wrongful death claim could seek restitution for the former parties’ losses, a Frisco survival action lawyer could help pursue recovery for losses to a decedent’s estate. To find out what may be possible in your situation, call today.