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June 23, 2019 by PILLI Law

Key Aspects of Survival Action

Personal Injury Lawyer

Coping with a serious accident of a loved one, or with the death of someone close to you, can take a toll. The emotional, mental and financial stress can be overbearing and fill family members with heavy grief. Though nothing can fully restore that which you lost, financial compensation can provide a measure of justice if another person or party caused the injuries of death. the money you could win from a lawsuit will also help you pay steep medical bills and provide you with some security as you strive to go forward. In addition to wrongful death lawsuits, a qualified attorney can help you with what is called survival action.

In a Nutshell

Any number of incidents could occur to cause severe injuries to your family member. Even if the person survives the accident, the harm caused could place his or her life in jeopardy. If this person passes away from the effects of the accident while the lawsuit is still in process, your lawyer could pursue survival action. In this scenario, you and other family members could fight for justice even after the death of the loved one. You could seek compensation for damages as well as for pain and suffering and be awarded for what the person would have received had he or she lived.

Similarities to and Differences From Wrongful Death Lawsuits

While there are similarities between survival action cases and wrongful death lawsuits, there are important differences as well. In both situations, a negligent or malicious individual could have caused the death or injury of your loved one. These could include medical malpractice, automobile accidents, industrial accidents or faulty equipment. In a wrongful death suit, the surviving family members are seeking damages for themselves as they grieve for the loved one. The compensation they seek could be to cover medical treatment, funeral costs, lost wages, and pain and suffering. When it comes to survival action, the family seeks for damages the decedent would have won had he or she survived the injury.

Choosing a Lawyer

It’s crucial that you research skilled attorneys who have a proven track record of success representing clients in both wrongful death and survival action cases. Read online reviews, get referrals from people you know and trust, and consult with a wrongful death lawyer in Des Moines, IA.

Consider your family member’s case carefully. If he or she passed away before you sued, you should seek for wrongful death damages. If the loved one dies from injuries after the suit begins, survival action makes sense. Thanks to Johnston | Martineau, LLP for their insight into personal injury claims and wrongful death.

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  • Home
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    • Car Accidents
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    • Workers Compensation
    • Medical Malpractice
    • Wrongful Death
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  • Free Case Evaluation

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