While the prospect of pursuing legal action following a loved one’s death may seem overwhelming, filing for damages could help individuals begin the process of healing. If you have lost a loved one and have questions about your legal rights or options, a Chicago survival action lawyer could help. Reach out to a compassionate wrongful death attorney who could help you hold the negligent party accountable for your loss.
Differences Between a Wrongful Death Action and a Survival Action
A wrongful death action and the survival action are two different statutory creations that must be followed to bring out a survival action or a wrongful death claim. A survival action is a cause of action for personal injuries to a deceased individual while they were alive. If a person suffers from severe neck or head injury and cannot work following a car accident, the individual could pursue a regular personal injury action. If the individual dies a month, two months, or a year later, their estate could pursue a survival action to bring a claim for the injuries sustained while they were alive. The process of a survival action begins with opening the estate in probate court and receiving courts authority to file the survival action lawsuit. The claim could then be pursued in court.
All of that injury leading up to the death – the pain, the suffering, the lost wages – could be included in the survival action. A wrongful death action is for the losses after a person’s death. The compensation from a wrongful death typically goes to the deceased’s heirs who lost their companionship and economic support.
Who Represents a Person’s Estate if There is no Will?
The representative of an individual without a will could be their heir under the probate code. This individual may their next of kin, as defined by the probate act, who acts as an independent administrator of an estate.
Types of Damages Involved in a Survival Action
In a survival action complaint, the types of damages are very similar to those brought in a personal injury case. Medical bills, property damage, and lost wages are damages that could be recovered. A Chicago attorney could also file a survival action for damages if the individual suffered from scarring, pain and suffering, emotional, psychiatric, or psychological injury. Reach out to a Chicago survival action lawyer for help recovering damages.
Evidence Used to Calculate Damages
A survival action attorney in Chicago could collect medical bills and medical records to calculate damages. Paystubs and information from the employer may be used as evidence since lost wages could also be added to the damages. Doctor testimony regarding the cause of the medical care and injuries is also potentially necessary.
For evidence of pain and suffering, an attorney could get witnesses to testify on the condition of the individual’s health before their death. A witness may testify to hearing grimaces or pain induced moans the person made. Witnesses may also recount seeing the individual taking pain pills. Pictures of scars could be used as evidence of the disfigurement.
A Chicago Survival Action Attorney Could Help
A Chicago survival action lawyer could provide support and guidance for individuals facing these difficult circumstances by aggressively pursuing the case. A family that has sustained an economic loss through a loved one’s death may need financial help. Funeral costs and medical bills sustained prior to a family member’s death could be a stressful weight to carry alone. A compassionate attorney could help the family move quickly and decisively to get to work on the case and get them into a better place.
