Rancho Mirage Survival Actions Lawyer

When you lose a loved one in a car accident, because of a doctor’s fatal error, or due to other forms of wrongdoing, grieving and moving forward can be especially hard. While personal injury law cannot return your beloved to you, it may empower you to stand up against the injustice your family member experienced. Another benefit of taking legal action is that it could result in measures being put in place to prevent others from experiencing the same harm at the hands of the wrongdoer—such as a reckless pharmaceutical company.

A Rancho Mirage survival actions lawyer at our firm understands the pain you are going through and could help you forge a path forward by leveraging injury laws to try to secure restitution on behalf of your loved one’s estate. The wrongful death attorneys who work for us have considerable and wide-reaching backgrounds in multiple sectors and areas of law. They utilize these skills to create agile and decisive case strategies that could help bring people closer to achieving a favorable outcome.

What Is a Survival Action, and Who Can File One?

When a person dies because of the misdeeds of an institution or individual, the law allows their estate to bring a lawsuit on behalf of the deceased. In other words, the person’s legal right to sue lives on after they pass away, enabling someone else to seek justice for them, as explained in California Code of Civil Procedure § 377.20. In contrast, a wrongful death claim is something that the surviving family members can pursue to recover losses they experienced because of their loved one’s passing.

Under California Code of Civ. Procedure § 377.30, the deceased person’s representative or successor in interest files the survival action lawsuit, and the damages pass to the estate. If the casualty had a will or trust before they died, these documents may indicate who they chose to serve in this role. If not, the state’s default succession—intestacy—laws may make this decision for them.

As outlined in California Code of Civ. Procedure § 366.1, the deceased’s estate must submit the lawsuit within the later of six months after the person’s death or within the regular statute of limitations for that claim. For instance, if the person died because of injuries they sustained in a car crash, the estate might have to sue the at-fault driver within six months of the casualty’s death or within two years after the incident occurred unless an exception applies. A Rancho Mirage lawyer could advise a surviving parent, spouse, child, or loved one about their options for seeking restitution in a survival action against the responsible party.

What Could Be Included in a Settlement on Behalf of a Person Who Dies?

Compensation packages awarded during a survival lawsuit center around the harms experienced by the injured person from the time of the accident until they succumbed to their injuries. Calculating compensation in a survival lawsuit can be a challenging endeavor, which a Rancho Mirage attorney could help with.

As California Code of Civ. Procedure § 377.34 describes, these financial awards might address the monetary cost of medical efforts to treat the person’s wounds. Additionally, the settlement may include accident-related expenses the person incurred before they died, including property damage.

Likewise, the court may find that imposing a financial penalty—i.e., punitive or exemplary damages—might be appropriate under California Civil Code § 3294. Examples of when this might include if the at-fault person or business acted maliciously, fraudulently, or in a way that disregarded the casualty’s rights.

Call a Survival Action Attorney in Rancho Mirage for Legal Assistance

When you lose a loved one because of an accident such as a truck collision, botched surgery, or dangerous drug, it can feel unfair and like you have nowhere to turn. Giving voice to your grief and your family member’s memory could help you find closure and put a stop to deadly practices that could hurt or kill others. Instead of taking on this role unassisted, you could alleviate your burden by partnering with a dedicated law firm.

For decades, we have served as a beacon of hope for those who are in pain or grieving the loss of their loved one who was taken from them. We understand the acute challenges you and your family may face, and we could take on the legal matters so you can have space to heal and mourn. Reach out to a Rancho Mirage survival actions lawyer to schedule a no-obligation consultation to learn more.