Rialto Survival Actions Lawyer

Many people believe that a survival action is the same as a wrongful death claim, but they are not. A deceased person’s estate representative brings a survival action if the person had a valid claim against someone for harmful, negligent acts before their death. The family of the deceased brings wrongful death claims. The damages available in each action differ, making two lawsuits appropriate, but you may also be able to combine them into one.

If you are a grieving family member or the personal representative for a deceased person’s estate, you are likely to have questions about the process and outcome. A Rialto survival actions lawyer is available to put your mind at rest and handle all legal matters appropriately. An experienced wrongful death attorney can explain everything during your free consultation.

What Is a Survival Action?

A survival action is appropriate when a case meets the elements of negligence. The injured person must prove that the at-fault person had a duty to behave in a reasonable way, breached that duty, and caused an accident with injuries. For example, if a drunk driver causes a crash that leaves your loved one with traumatic injuries, they may have had the right to recover compensation from the at-fault driver. If your loved one later passes away from those injuries while being transported to Arrowhead Regional Medical Center, the representative of their estate may still be able to pursue the damages the deceased could have recovered had they survived. A Rialto attorney could help determine what damages may be available through a survival action.

Compensation Available in a Survival Action

Compensation, also known as damages, is a monetary award for what the injured or deceased person loses financially, emotionally, or psychologically. Financial losses are called economic damages, and they include the cost of medical care related to the injuries, lost wages, and, in a survival action, final expenses. Some damages are subjective, and the court will place a value on the physical and emotional pain and suffering endured before death.

In some cases, when the at-fault person acted with wanton disregard for others, punitive damages may be available in a personal injury lawsuit and a survival action, although they do not apply in a wrongful death action. Consult an attorney in Rialto to have your survival actions case assessed for free. You would only pay if we successfully settle or litigate your case.

Filing a Survival Action

The will of the deceased person generally names a personal representative who then files the survival action. If the person dies without a will, the court will appoint a representative. This will likely be a family member, but, depending on circumstances, could be a friend, the deceased person’s lawyer or accountant, or any other person the court deems appropriate. The proceeds from survival actions go to the deceased person’s estate for distribution according to their will or, under California intestate law, to spouses, children, and possibly other relatives. You can reach a skilled Rialto attorney from our firm by text or in person whenever you need them during this stressful time as you pursue a survival action.

Time Limit on Filing a Survival Action

Every personal injury action has a time limit on filing it with the courts. You generally have two years from the qualifying plaintiff’s death to file a survival action, although there are some exceptions. The court limits filing these actions to ensure the availability of evidence and witnesses and so that at-fault people do not have to face the possibility of a lawsuit indefinitely. An attorney could ensure that your Rialto survival actions claim is timely.

Call an Attorney To Advocate for Your Family in a Rialto Survival Action

Losing a loved one is always traumatic, but when someone else’s negligence is the cause, you may not know what to do next. Turn to us. We understand that you are suffering great emotional pain, and we understand how much a survival action can mean to you. These actions could provide closure after the death and fair compensation. Remember, you do not pay us unless a Rialto survival actions lawyer settles or wins your case. Call now to schedule a free consultation.