Survival Actions Explained
When tragedy strikes and a life is cut short due to another's negligence, the legal system provides a pathway for justice even after death. A survival action serves as a legal continuation of the claims the deceased could have pursued had they lived. This type of lawsuit allows the estate to recover damages the deceased incurred from the moment of injury to the time of death.
Whether it's the pain endured or the wages lost during that period, a survival action seeks to rectify the financial aspects of suffering that did not vanish with the victim's passing, ensuring that the consequences of wrongful acts do not expire with the victim's last breath.
Wrongful Death Claims Elucidated
On the flip side lies the wrongful death claim, a legal recourse designed to address the void left behind. This claim is not about the losses suffered by the deceased but rather the financial and emotional impact on those who survive them. Wrongful death claims are a plea for compensation for the survivors' loss, encompassing the loss of financial support, affection, and guidance. The essence of such a claim is to acknowledge that the repercussions of a life taken too soon ripple outwards, affecting the lives of family members and dependents, and to offer a measure of solace through legal means.
Who Can File Survival Actions?
The right to pursue a survival action is not open to everyone; it is a privilege reserved for those who stand in the legal shoes of the deceased. Typically, this responsibility falls on the shoulders of the estate's executor or administrator, individuals appointed to manage the deceased's affairs posthumously. Their role is to step into the breach and seek the justice that the deceased can no longer pursue themselves. They act not for personal gain but for the benefit of the estate, ensuring that any recovered damages become part of the legacy left for the heirs and beneficiaries.
Identifying Wrongful Death Beneficiaries
Wrongful death claims, however, cast a more personal net when it comes to eligibility. The law recognizes the profound loss suffered by immediate family members and, in some cases, extends this recognition to financial dependents who may not be related by blood or marriage. These beneficiaries are the ones who feel the absence most acutely, both emotionally and financially. The law seeks to provide them with a means to recover, to some extent, from the economic impact of losing a loved one who may have been a primary provider or a key source of support and companionship.
Damages Recoverable in Survival Actions
Delving into the specifics, the damages recoverable in survival actions are a reflection of the deceased's experience from injury to death. These can include medical expenses incurred during this period, which can be astronomical, especially in cases of prolonged hospitalization or intensive care. Compensation for pain and suffering is also sought, recognizing the physical and emotional agony endured before death. Lost wages and benefits are calculated too, representing the financial support the deceased would have contributed to their estate had they not been prematurely taken. These damages are a testament to the life they led and the pain they suffered, quantified in monetary terms.
Assessing Damages in Wrongful Death Cases
Conversely, wrongful death cases focus on the survivors' losses. The financial calculus includes the loss of future earnings the deceased would have provided, which requires a projection of their potential lifetime income. Funeral and burial expenses are also claimed, as these immediate costs can be a heavy burden. Beyond the tangible, the intangible yet invaluable aspects of life are accounted for – the loss of love, companionship, and guidance. While harder to quantify, these non-economic damages are no less significant, as they speak to the heart of losing a family member.
Contact Our Attorneys at Briggle & Polan, PLLC
For those in Austin, Texas, who find themselves facing the aftermath of a tragedy, Briggle & Polan, PLLC offers a beacon of hope and legal expertise. Our dedicated team understands the delicate nature of survival actions and wrongful death claims, and we are here to provide the support and guidance needed during such trying times.
If you or someone you know is seeking justice for a lost loved one, we encourage you to contact usto explore your legal options. Let us help you honor the memory of your loved one by fighting for the rightful compensation you deserve. (512) 400-3278
