McKinney Survival Action Damages
The role of monetary damages in survival action claims is to account for the pain, the suffering, and the impairment that a decedent went through from the time of their injury until the time of death. Typical McKinney survival action damages may include pain and suffering, emotional distress, lost income, and medical bills.
In a survival action, a defendant is not paying an injured person’s family members, as they would in a wrongful death claim. Instead, they are making things right for the pain that they caused the decedent. For example, if a person was killed in an auto accident, a representative of their estate could be able to recover damages related to the person’s medical treatment, emotional trauma and pain prior to their death. Survival actions are distinct from wrongful death claims, which are meant to compensate a decedent’s family members for their loss.
Conscious Pain and Suffering
Pain and suffering is a common recoverable damage in a survival action suit. There are a number of ways to calculate conscious pain and suffering, but the most effective is to create a matrix that gives a fact-finder, such as a jury or judge, an idea of what a short amount of pain for a short amount of time would be like and feel like. A fact-finder can then decide what damages should be incurred for the full length of the decedent’s treatment, depending on the severity of the pain and the length of the pain.
To have a jury fairly evaluate pain, the trial lawyer may need to personalize their case with stories about how the pain limited or affected function as the injury was leading to death. Often, the jury must experience the depth of the pain to really evaluate it fairly.
Common medical costs for a survival action suit include ER bills, medication, and all the diagnostic testing that was done. Just activating the trauma unit in a bad wreck can sometimes cost around $20,000 or $30,000.
In addition, there may be long-term care bills due to prolonged health issue. Someone who is hurt badly may not pass away immediately. The cost of care for that person to be hospitalized, in a rehabilitation hospital, or even palliative care or hospice are all legitimate costs that should be paid back by the person or entity who caused the death.
Working with a Survival Action Attorney to Recover Damages
It is important to work with a McKinney wrongful death lawyer when calculating and claiming damages in a survival action. Surviving family members in this situation often do not know what they deserve compensation for. If your family member has passed due to another party’s negligence, you could be missing valuable monetary aid.
An attorney could collect and preserve medical documentation, retain expert witnesses, and build an effective case outlining why you deserve a full range of McKinney survival action damages. When you are ready, contact a lawyer to learn about you and your family’s legal options.