Accidents and injuries resulting in an individual’s death are devastating, especially when caused by someone else’s negligence. While many are aware that a wrongful death claim can be filed so surviving family members can recover compensation for their losses, a lesser-known type of claim exists to allow the deceased’s estate to seek compensation for the deceased’s pre-death losses as well. If you are unsure of what compensation you can seek after losing a loved one, a Bakersfield survival actions lawyer from Colvin Accident Lawyers could help you understand your options.
When someone dies as a result of another person’s careless or intentional actions, family members can file a wrongful death claim to seek compensation for the losses they have suffered as a result. This compensation often covers the cost of a funeral and burial, loss of financial support provided by the deceased, and even non-economic damages such as loss of companionship, guidance, and moral support.
A survival action can be filed alongside a Bakersfield wrongful death claim by a named or appointed representative of the deceased’s estate. Survival actions seek to compensate for losses the decedent suffered before death, such as medical bills for treatment of their final injuries, as well as lost wages and pain and suffering experienced after their fatal injury and before their death.
The named executor of a deceased’s will is typically the person eligible to file a survival action on behalf of the estate. However, in cases where the decedent did not have a will, other individuals may be appointed by the court to represent the estate, such as a lawyer, accountant, close personal friend, or another family member. The claim must be filed within the applicable statute of limitations, which is typically the later of either two years after the date of the accident that caused the death or six months after the death. A survival actions attorney in Bakersfield could examine your case to determine what deadlines must be met and help ensure your claim is filed on time.
A Bakersfield survival actions attorney could provide several services when handling a survival action on behalf of their client, including:
The survival action attorneys at Colvin Accident Lawyers work on a contingent fee basis, meaning they are paid only after you have received compensation through a negotiated settlement or a court award.
Losing a loved one causes unimaginable pain, particularly when their death was the result of someone else’s negligence. A survival action allows the deceased’s estate to recoup certain losses that the decedent suffered after their final injury and before their death. Let our team help you understand the legal process and the type of services we could provide. Contact us today to get in touch with a Bakersfield survival actions lawyer for a free case evaluation.
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