Survivor Action Vs. Wrongful Death

  • Aug 26 2014
  • Gilleon Law Firm, APC

wrongful_death_survivor_actionsUnfortunately, not all victims survive an accident. Those that are left behind must suffer through the irreplaceable loss of their loved one. Though the life of the loved one is over, there are still certain types of compensation that may be awarded to the loved ones. Whether you file a survivor action or a wrongful death suit, a personal injury attorney may be able to help you with collecting damages for the costs and loss associated with the death of your loved one.

Survivor Actions Vs. Wrongful Death Lawsuits

The State of California offers two types of legal actions following death caused by negligence.

A survivor action is a claim for compensation for the expenses incurred by the deceased family member before his or her death. A survivor action can only be brought if the decedent did not immediately die from sustained injuries. Even if the deceased lived for only a short time between the accident and death, a survivor cause of action may be appropriate. The surviving family member can attempt to recover losses in the name of the deceased individual. This compensation can cover a range of damages including loss incurred at the time of the injury and before death, as well as punitive damages. This may include medical costs, such as emergency care.

A wrongful death claim, on the other hand, goes beyond simply seeking compensation for medical costs. This type of claim can also include funeral expenses as well as many other types of compensation related to the value of the victim’s life to the survivors. While a survivor action claim stops once the victim has died, wrongful death claims can extend beyond death and include loss of income and carefully calculated potential financial loss to the surviving heirs. Wrongful death claims even extend to the loss of companionship and mental anguish of the survivor.

What If I Lost a Loved One to Another’s Negligence?

The Gilleon Law Firm, APC in San Diego is known for their compassionate representation and determined advocacy for those who have lost loved ones. These knowledgeable attorneys have extensive experience aiding those who seek compensation through survivor actions or wrongful death lawsuits. If you suffered the loss of a loved one, the lawyers at Gilleon Law Firm, APC can explain your rights and pursue your interests under California law. We not only offer compassionate client services, but also aggressive and effective legal representation. With an outstanding track record of success, the Gilleon Law Firm, APC may be able to help you in recovering compensation for the loss of your loved one. Though nothing can replace the loss of a family member, the law can help compensate you for expenses, the loss of potential income, and some reimbursement for your pain and suffering. Contact the Gilleon Law Firm, APC today for a free initial consultation.

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