Survival Action, What Is It?
March 23, 2020
When someone dies due to negligence, it can be an extremely frustrating situation for everyone involved. Family members are likely going to be extremely angry about what happened and will often want some sort of compensation, so that they feel that justice for the unnecessary death has been served. For this purpose, there are both wrongful death lawsuits and survival action that can be taken by family members of the deceased. If you are in this situation, you will likely want to contact a Montana personal injury lawyer to see what your options are.
Survival action is essentially legal action that loved ones can take if the deceased has filed a personal injury lawsuit and did not have a chance to collect damages before his or her death. Survival laws will allow his or her estate to be awarded these damages, which occurred between the time of injury and time of death. These can include damages for the pain and suffering of the disease, as well as any lost earnings that were a result of the injury. The survival laws allow the estate to be awarded damages that the deceased incurred from the moment of the injury until the time of death. The main difference between survival action and a wrongful death lawsuit is that the wrongful death lawsuit recovers damages for the beneficiaries of the deceased, while the survival action recovers what would have gone to that person had he or she survived.
If you are having some sort of issue with survival action or carrying it out, it would be a great idea to contact a Montana personal injury lawyer for the help that you need. A serious personal injury lawyer will know how to answer any questions that you might have and will be able to guide you in the right direction in terms of the action that you want to pursue. It would be a better option than going at it on your own, the attorneys at Bulman, Jones & Cook will be able to apply their knowledge of the law to let you know of the best course of action in your situation.