Palm Springs Survival Actions Lawyer

When you lose your beloved family member because of someone else’s mistake, you might find it hard to process everything that has happened. Trying to force yourself to move on with your life might be an enormous challenge. Although the idea of bringing a lawsuit against the person or entity responsible for your loved one’s death might seem overwhelming to you, filing a legal claim might give your family a sense of justice. It may allow you to hold the responsible parties legally accountable for what they did to your lost loved one.

A Palm Springs survival actions lawyer could explain what legal options are available to you and your family after the wrongful death of your loved one.

Who Can Bring a Survival Action?

After someone dies an untimely death, their family might fear they have lost the right to seek justice. Fortunately, the right to sue does not go away when someone dies. California law passes the right to pursue a lawsuit to the personal representative of the decedent’s estate as outlined in California Code of Civil Procedure § 377.30. The personal representative who can file a survival action is usually the person named by the decedent in their will. They are supposed to represent the decedent’s rights during the probate process and any subsequent litigation. After the deceased person’s will has gone through probate, the personal representative has the authority to represent the estate and file a lawsuit. If the decedent died without a will, the court could appoint a successor in interest to represent the estate’s interests.

California law restricts how long a personal representative has to file suit. The estate generally has only six months after the date of the decedent’s death or two years from the date of the negligent or wrongful act that led to the death. The representative should consult a knowledgeable Palm Springs survival actions attorney to ensure the estate complies with the law.

Potential Recoverable Damages in a Survival Action Claim

Survival actions are different from wrongful death actions. In wrongful death claims, a deceased person’s surviving family members can pursue damages for the losses they have experienced due to their loved one’s untimely death. For instance, family members could seek recovery of their deceased loved one’s lost wages and work benefits that they would have earned and contributed to the household finances had they lived. They could also seek damages for losing their family member’s companionship or support.

In a survival action, the personal representative can only pursue damages for the losses suffered by the decedent while they were still alive before their death that occurred because of the negligent or wrongful act. If the decedent died instantaneously, the estate could probably not pursue a survival action. However, if the deceased person survived for any length of time after suffering their injury, their estate would likely have grounds to file a survival action to compensate for the injuries suffered by the decedent while they were alive.

The estate could pursue the following types of damages:

  • Property damage
  • Pain and suffering of the decedent from their injury
  • Medical expenses to treat the injuries
  • Lost income during the period the decedent was unable to work because of their injury, but before their death

In certain limited circumstances, unlike with wrongful death suits, the estate might also be able to seek punitive damages. A well-practiced survival actions lawyer in Palm Springs could review the facts of a specific case and explain what types of damages might be available.

Work With a Palm Springs Survival Actions Attorney

When you lose your loved one because of someone else’s mistake or wrongful act, you deserve a chance to pursue justice for your lost loved one. The person or company responsible for causing them the pain and injuries that led to their death should be held accountable.

Work with a compassionate Palm Springs survival actions lawyer at the Walter Clark Legal Group who could provide you with legal support and guidance.

Walter Clark Legal Group

Walter Clark Legal Group