An accident resulting in the wrongful death of someone, leaves the family with two legal claims as remedy. These are survival actions and wrongful death claims. This article will discuss damages under survival action laws.
Survival Action Laws and Damages
Survival actions are statutory and strictly governed by laws made in a specific state. Therefore, survival action laws differ from one state to the next. Survival laws, allow different types of damages that are to be awarded to the estate of the deceased person. They allow the estate to be awarded damages that could have been recovered had the injured person not died. These include damages such as pain and suffering, mental anguish and lost earnings.
Survival laws provide the right to be awarded damages the deceased incurred from the point of injury until their death. For example, if a man was involved in a car accident and suffered spinal damage. He may receive medical treatment from first responders. He may, further, rushed to the hospital and admitted. Further, his injuries may be severe that he is constantly in pain. And after 3 weeks of excruciating pain, he succumbs to his injuries and dies. The survival laws allow for the estate to get damages for the victim’s:
- Pain and suffering
- Medical expenses, including emergency services provided
- Loss of earnings for the time of his hospital stay
However, no survival damages are awarded if the man had died immediately or during the accident. The estate would be entitled to pain and suffering, if they can prove it. But no lost earnings would be awarded. Survival laws are different in this regard to wrongful death laws.
Speak to your local attorney to find out your state law with regards to wrongful death claims and survival actions. Contact the Vinson Law Office for free first consultation with an experienced personal injury attorney.