Can I Make a Personal Injury Claim for Wrongful Death?
Losing a loved one because of somebody’s negligence or criminal action is devastating. Thus, you want to file a wrongful death case and claim personal injury damages from the at-fault party.
The thing is that you can’t claim personal injury damages by filing a wrongful death lawsuit. Instead, you must file a survival action on behalf of your deceased loved one.
Now, do you wonder what the differences between wrongful death and survival actions are?
How can a survival action lawsuit help you claim personal injury damages?
Read on and know the best option you must take.
When to File Wrongful Death Lawsuit
You may file wrongful death if your loved one has died because of somebody’s negligence, gross negligence, or intentional action. Examples are in the cases of:
- Road accidents
- Slip and fall accidents
- Accidents due to faulty machines
- Medical malpractice
- Physical violence
- Murder and manslaughter
Remember that wrongful death is a type of personal injury case. So, you must first prove the defendant’s fault to claim compensation.
Moreover, you may file a wrongful death lawsuit if you were the deceased’s:
- Surviving spouse or domestic partner
- Grandchildren (if the deceased’s children are not around)
- Estate representative or executor
The estate representative is an executor identified by the deceased’s last will. However, intestate succession or the order of inheritance will identify an executor if there is no will or testament. And the court will select an estate representative if two or more parties question the intestate succession.
Call a Burbank personal injury attorney to clarify if you can file a wrongful death lawsuit.
Compensation You may Get from Wrongful Death Claim
You may receive economic and non-economic compensation from a wrongful death claim, like:
- Loss of lifetime financial support
- Value of household help the deceased would have provided
- Loss of companionship
- Funeral and burial costs
- Loss of sexual relationship
- Loss of moral support
A wrongful death lawsuit seeks to compensate your expenses and suffering because of a loved one’s death. However, it doesn’t cover the suffering your loved one had sustained after the accident until their death.
Thus, you must file a survival action to claim the personal injury damages your loved one deserves.
Claiming Personal Injury Compensation through Survival Action
A person deserves to get compensation after sustaining injuries because of somebody’s negligence. This compensation may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Punitive damages or legal penalties
However, if a person dies because of their injuries, their loved ones may file a survival action to pursue the personal injury case. They may recover compensation equal to what the deceased deserves between the accident and their death.
For example, a surgical mistake induced your loved one into a coma, and they died two weeks later.
You may file a survival action on the deceased’s behalf to sue the surgeon and claim personal injury compensation, like medical bills. You or the deceased’s estate will receive the benefits.
And as discussed above, you may file a wrongful death case on behalf of the deceased’s estate. This lawsuit lets the bereaved claim compensation for the death of their loved one.
Call a Personal Injury Lawyer in Burbank to Take Actions After a Loved One’s Death
Facing the death of a loved one is a challenging period. Thus, you want to file a wrongful death lawsuit to claim compensation and make the at-fault party liable for their negligence.
However, you have to make the right legal actions to get the ideal outcomes. A reliable Burbank personal injury attorney will help you take the best option after your loved one’s wrongful death.