When a loved one passes away, the family has the right to obtain compensation if the death of their loved one was caused by the negligence of another person. In addition to the economic losses that could be recovered, the estate of the deceased could also recover for noneconomic losses. This type of civil claim is known as a survival action.
If you wish to learn more about the process of filing a survival action, get in touch with a dedicated attorney today. A Charleston survival action lawyer could guide you through the claims process and advocate on behalf of your family. To learn more, schedule a consultation today.
Under Charleston Law, What is a Survival Action?
A survival action is an action in which the family of the deceased person in a wrongful death case tries to recover for the mental anguish experienced by the deceased in the moments after their accident up to the point of their untimely passing. On the other hand, the goal of a wrongful death suit is to recover for the economic losses suffered as a result of the death of their loved one. These economic losses include medical treatment, funeral expenses, and other expenses that can no longer be covered by the deceased. In both types of suits, the party whose negligent actions caused the death of another would be held responsible.
Who can File a Survival Action Claim in Charleston?
A survival action is brought forth by the estate. If the person who died did not leave behind a will establishing the person who would have the authority to act on behalf of their estate, the court is responsible for appointing a personal representative. Usually, the personal representative of the estate would be a spouse, child of the deceased, or other form of family member. The representative could bring both a wrongful death and survival action on behalf of the estate.
Role of Evidence and Discovery Process
In an type of injury case, the plaintiff is strongly recommended to collect all types of evidence in order to add validity to their argument. For example, if the deceased had stayed in a hospital after the accident before their passing, the representative of their estate should gather all medical records stating that the deceased was in the hospital and that they had suffered significant hardship up until their passing. A court would review this type of evidence and most likely take this into account when making their final decision.
Valuing Damages in Charleston Survival Actions
When an expert is hired to estimate the value of a survival action case, they may look at previous cases for help with determining the noneconomic damages. However, if a survival action reaches a courtroom, the jury may not take into account the value of past cases and decided to place an entirely different value on the case. No matter if the plaintiff believes that the amount decided is lower than what should be owed, a jury’s decision is final.
Contact a Charleston Survival Action Attorney Today
The death of a loved one is never easy to bear. Although no amount of money or compensation could cover for the emotional loss of a family member, compensation from a survival action could hold the at-fault party liable for the hardship suffered by the deceased.
To learn more about filing this type of injury claim, schedule a consultation with a Charleston survival action lawyer today.