Maison Law helps loved ones when there’s a fatal accident in California by answering questions they have about the legal process. When you lose a loved one in a fatal accident, it’s incredibly difficult. But not every fatal accident happens immediately. In those situations, there’s expenses that can pile up before the actual death. Our team can help you and your family understand what options there are. Contact us today for a free consultation.
What’s a Survivor Cause of Action?
A survivor cause of action is one where the estate of someone files the claim, which then asks for damages relating to expenses like medical bills and lost wages before they passed away. In that respect, it’s much like a wrongful death claim, but it isn’t exactly the same.
For one, only the estate can file a survivor cause of action, while surviving family members can file a wrongful death claim. That said, the main difference between these two claims lies in the damages.
- Survivor cause of action – The damages in a survivor cause of action matches up with the same damages that’s in a regular personal injury claim, usually involving things like:
- Medical expenses and ongoing care needs
- Lost income or loss of earning potential
- Pain and suffering
- Emotional distress
- Property damage
- Reduced quality of life
- Punitive damages, in cases of intentional negligence
- Wrongful death – On the other hand, a wrongful death claim focuses on damages that come about after the loss of the loved one. Generally, you or your surviving family members can recover things like:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship
- Grief and emotional suffering
While there are differences between these two claims, there’s the possibility that you and the estate can file both claims depending on the circumstances. At the same time, it’s incredibly difficult to try to go through the claims process in this situation. But the fact remains that because these options are available, you need to know how to respond and how our team can help.
What Should You Do to Protect a Survivor Cause of Action?
Even with a survivor cause of action, it involves experiencing something extremely traumatic. Just because your loved one doesn’t have fatal injuries right away doesn’t take away from how serious the accident and situation is. Still though, there’s certain steps that need to be taken to protect a potential claim:
- Call 911 – Always call the police and medical responders, even if someone has died. The police will secure the scene, and EMTs can assist anyone else who is injured and confirm the death. This creates an official report that is essential for your survivor cause of action.
- Report the accident – It’s important to notify the relevant authorities, whether it’s a car accident, workplace incident, or another type of injury. Reporting the accident creates a record that supports your claim by detailing what happened leading up to the death.
- Gather evidence – If it’s safe, collect as much evidence as you can at the scene. Take photos and videos of the accident, injuries, and any damage. Also, get contact and insurance information from everyone involved. This evidence is vital for building a strong survivor cause of action.
- Keep track of expenses – Make sure to document all financial impacts from the death, like medical bills, funeral expenses, and lost income. These records show the family’s financial losses and are important for strengthening your survivor cause of action.
Each survivor cause of action is unique, and the success of the claim relies on thorough evidence and documentation. Taking these steps ensures your family’s claim is well protected and presented.
How Can Our Lawyers Help You in California?
In California, there’s no legal requirement to hire a lawyer for a survivor cause of action, but it can really help–especially in cases involving a death. The emotional weight of losing a loved one can complicate the legal process and make things even more difficult. But this is even more true in cases of a survivor cause of action because it happens over a longer period of time. Here’s how our lawyers can help you in this situation:
- Looking into what happened during the accident to find out what caused it and who is at fault.
- Breaking down the legal process for you and explaining your options so you know what to expect.
- Collecting key evidence and information that you’ll need for your case.
- Handling talks with insurance companies for you to make sure you get a fair settlement.
- Filing a survivor cause of action to protect your rights.
Coping with the loss of a loved one is overwhelming, no matter how it happens. Our team at Maison Law approaches every one of these cases with care, respect, and a commitment to supporting you and your family through the legal process. Contact us today for a free consultation to protect your family’s rights and begin the process of moving forward.
