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.

Medical Damages

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.

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Mary Thompson
20:51 25 Feb 20
From the very first meeting with the McCraw Law Group we were treated with respect and care. They were so helpful is... trying to speed things up. We all know that when you have a lawsuit against some one there will be problems. This group of lawyers were very attentive and knew how to get what we needed. I will call them again if anything comes up that I need a lawyer.read more
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Michael Taylor
19:46 12 Feb 20
McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
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12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
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04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
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17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
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16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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McKinney Survival Action Lawyer