When someone else’s negligence hurts a loved one, they may be able to file a personal injury claim to recover compensation. You may support them in their efforts to seek justice. Unfortunately, some accidents cause injuries so severe that they result in death before the victim can file a case or reach a resolution in court. In these cases, you have legal options to pursue or continue your loved one’s case.
A Southfield survival actions lawyer from Thurswell Law could guide you through filing a claim on your deceased loved one’s behalf. Since 1968, our wrongful death attorneys have been holding negligent parties accountable when their actions take the life of another.
The Difference Between Survival Actions and Wrongful Death Claims
Families often file a survival action and a wrongful death claim together because both are legal rights available to them. However, there are some slight differences between the two claims.
A wrongful death case focuses on damages to the family caused by the death of the person. For instance, eligible family members could seek compensation for lost financial support, loss of companionship, and loss of emotional well-being due to grief.
A survival action focuses on the unresolved economic and non-economic damages suffered by the victim, who is no longer able to pursue their case. It allows their estate to recover compensation for medical expenses, lost wages, and pain and suffering.
The court distributes the proceeds differently. The eligible family members named in a wrongful death claim receive the compensation. In a survival action, the estate receives funds to settle the deceased’s remaining probate matters, including outstanding debts.
As with any personal injury case, the exact types and amounts of compensation available in a survival action will vary depending on the circumstances. Our Southfield attorneys review each survival claim carefully to determine what may apply.
What Are the Rules for Filing a Survival Action?
Michigan Compiled Laws § 600.2921 states that a personal injury claim does not end upon the injured person’s death. If a claim has been filed but is pending at the time of death, our attorneys must amend the case to include a wrongful death claim. Failing to do so may limit the compensation available.
When the injury and death arise from the same incident, the law allows a wrongful death and survival action to proceed as one civil lawsuit. This allows the court to address both the family’s losses and the harm to the deceased simultaneously.
Our Southfield lawyers could help guide a survival action, which follows the same rules as other personal injury claims. The statute of limitations for these cases is three years from the date of the incident, so timely review is important.
Call Our Southfield Attorneys About Pursuing a Survival Claim
If someone else’s negligence caused the death of a loved one, a Southfield survival actions lawyer from Thurswell Law could help you and your family understand your rights. Our attorneys could advise you on your legal options for recovering compensation owed to your deceased loved one.
We understand that this is an emotionally difficult time, and our team is here to support you. Contact Thurswell Law to schedule a free consultation regarding your case.
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