Maison Law helps families and loved ones through the legal process after a fatal accident. We can answer any question you may have, but you might be surprised to learn that you have certain legal options based on the circumstances of the accident. To get the recovery process started, contact us today for a free consultation.
Why Would You Need to File a Survivorship Action?
A survivorship action is different from a wrongful death claim, even though they both come out of a fatal accident. Basically, the difference between the two is that a survivorship action is filed by:
- The representative of your deceased loved one’s estate.
This person, known as the executor, is named in the will and represents your family in the legal process. But the reason why this type of claim exists–and why it should be filed–is to recover certain “damages” that come up before your loved one dies from their injuries. In that respect, it’s a lot like a normal personal injury claim, where the following can be recovered:
- Medical expenses – This provides financial support for medical treatments and any ongoing care needed after the injury.
- Lost wages – This covers any income lost due to the injury, including potential future earnings.
- Property damage – This provides repair or replacement costs for damage to vehicles or other personal property in the accident.
- Pain and suffering – This covers costs relating to the physical pain and suffering caused by the injury.
- Emotional distress – Similarly, this covers financial support for any psychological trauma or emotional pain resulting from the accident.
- Loss of enjoyment of life – This provides financial support relating to your loved one’s inability to enjoy activities or things they enjoyed because of the accident.
- Loss of companionship – This is financial support for the impact on relationships and the loss of emotional support from loved ones because of the accident.
Like any claim, the amount of damages that can be recovered in one of these claims depends on the evidence and how effective the claim is presented. That’s where our team can help, but there’s a few ways that you can help the executor.
How Can You Strengthen a Survivorship Action Claim?
Understanding your rights is just one part of your options when pursuing a survivorship action. While the law supports you, it’s essential to show how your loved one was affected by the accident and the damages caused by their passing. Since an insurance company will likely be involved, they may try to pay you as little as possible. Here’s what you should do to strengthen your survivorship action:
- Stay calm – It’s normal to feel scared and overwhelmed after a traumatic accident. Try to remain calm so you can think clearly and remember important details that may help your case.
- Report the accident – Once things are safe, report the accident to the right people. For example, call the police for a car crash or tell a supervisor or employer for a workplace accident. Reporting the accident creates an official record that can support a potential claim.
- Get medical help – If anyone is injured, call 911 right away. Paramedics can provide immediate care, and getting quick medical treatment is vital for your health and your case.
- Document the accident – If you can, take photos and videos of the accident scene. This evidence shows the damages and any injuries, which can help strengthen your survivorship action.
- Track expenses – Write down all costs related to the death, like medical bills, funeral expenses, and lost income. These records show the financial impact on your family.
- Get information from witnesses – If there were any witnesses, get their contact information and ask if they can share what they saw. Their statements can add more support to your case.
Probably the most difficult part about an accident that results in serious injuries is that taking these steps can be difficult–or even impossible. Yet, they need to be taken to protect and strengthen a potential claim in a survivorship action. The more evidence and information that can be presented, the better chance that full damages can be gotten in a settlement or verdict.
Experienced Legal Support For Survivorship Actions in California
Ideally, we hope any accident you face is minor and doesn’t require legal help. But if a loved one has died because of someone else’s actions, you-through the personal representative of your loved one’s estates–has the ability to file a survivorship action. These situations are still incredibly difficult and emotionally-taxing. So, working with our experienced team can provide several key benefits for a potential claim:
- Investigating the accident – We’ll look into the accident to find out how it happened and who is at fault.
- Collecting important evidence – Our team will gather key documents, like medical records and witness statements, to support your case.
- Talking to witnesses and experts – We’ll interview witnesses and consult experts to make your claim stronger.
- Handling insurance companies – We’ll manage all conversations with insurance companies and lawyers to protect your rights.
- Getting a fair result – Our goal is to help you receive a fair settlement that reflects your losses and the impact of your loved one’s passing.
Ultimately, whether you need a lawyer depends on your situation. While it’s possible to go through a survivorship action on your own, it can be challenging, and you may miss out on getting the full amount of damages that your family needs. More than anything, having our team can help ease the burden that you and your family are under. Contact us today for a free consultation.
