Survival Actions and Wrongful Death Lawsuits

Personal Injury Lawyer in Melbourne, FL

If someone you love dies or is killed as a result of because of the negligence or misconduct or someone else, you are probably aware that you can file a wrongful death lawsuit on behalf of the victim’s estate. But there are certain limitations for compensation in a wrongful death suit.

In a wrongful death claim, the family or beneficiaries of the victim can receive financial damages for expenses they are now incurring as a result of the death of their loved one. The survival laws let the estate receive receive compensation that if the victim would be entitled to receive if they were still alive.

Because the specifics of wrongful death and survival lawsuits vary from state to state, check with your attorney to explain the particulars in your particular states. An personal injury attorney knowledgeable in wrongful death cases can help you understand your next steps.

Can Anyone File a Wrongful Death Claim?

A close family member, usually a spouse, child, parent or sibling will represent the deceased and file the lawsuit. If the family cannot agree on who to select, the court will select the representative. The representative is formally appointed by the court to be the personal representative for the deceased.

What Kinds of Damages are Permitted in a Wrongful Death Claim?

Again, the limits and types of damages may vary from state to state, but in general the compensation that can be awarded is called pecuniary or financial damages. Beneficiaries of the deceased may include the children, spouse, and any other family members the deceased supported financially. Income lost because of their death for as long as it is determined the deceased would have supported the family.

The family must prove that the deceased financially supported the and prove how much money was actually given to support the family. Children will be eligible to receive support through their 18th birthday and through college if it was determined that the deceased was planning on financially supporting the child through college. The widow will continue to receive the determined amount of lost support until they reach 65. If a widower can prove his deceased wife financially supported him, he can receive lost income until 65 as well. If there are other family members that can prove the deceased supported them financially, they ay also receive damages.

Survival Law Damages

Survival law lets the estate be given compensation or damages that their deceased loved one suffered from the time they were injured until the moment they died. The survival law states that the pain and suffering incurred by the deceased should at the hands of someone who was negligent should not be forgotten and the defendant should be held responsible in some way. Damages are awarded for not only the pain and suffering of the victim, but any earning lost until their death. If the victim died instantly, the family can still ask for pain and suffering damages but not lost wages.

Contact an Attorney

Losing a loved one in an unexpected, tragic manner is devastating. While a wrongful death lawsuit can never bring them back, it can help a family cope with the financial burdens that occurred as a result of their death. A personal injury attorney, like a personal injury lawyer in Melbourne, FL, with experience in wrongful death cases can discuss your case and the prevailing laws in your state.

Contact The Law Offices of Arcadier, Biggie, & Woods for more insight into personal injury.