Victorville Survival Actions Lawyer

You may wonder about your financial remedies after a loved one’s death. You may know about a wrongful death action, which is where you seek compensation from the person who caused the death of a loved one. However, these actions are to recover from your own injuries, like the loss of an income, loss of companionship, and emotional trauma. They are a way for you to get justice for the loss, but they do not help bring justice for your loved one.

A survival action is how you get that justice for your loved one. When a person has a personal injury cause of action against someone else, the action does not die with them. Instead, their survivors can bring a claim on their behalf for those injuries. Learn more by scheduling a free consultation with a Victorville survival actions lawyer.

What Is a Survival Action?

A survival action is a personal injury claim. The goal is to recover from injuries the deceased person experienced prior to their death. California Civil Procedure Code §§ 377.20-377.34 provides for this cause of action.

In a survival action, the decedent’s representative can recover damages for the injuries the decedent sustained before their death. This can include any damages the decedent would have been entitled to claim had they survived long enough to bring their case. Some examples include exemplary damages, pain and suffering, and disfigurement.

The plaintiff must be able to demonstrate that the decedent actually experienced those injuries before their death. If death is instantaneous, then the deceased individual would not have had a claim for pain and suffering, disfigurement, or any other cause of action. Their instantaneous death eliminates this cause of action.

However, they do not have to live long to experience those injuries. Even living a few minutes after an accident can be enough to give rise to this cause of action. A conversation with a Victorville lawyer could help surviving family members determine if they have a valid survival action claim.

Who Can Bring a Survival Action?

While a person’s survivors can bring a wrongful death suit, they cannot necessarily bring a survival claim. The executor of the deceased’s estate can bring these actions. They do not bring them on behalf of the survivors. Instead, they bring the action in the place of the deceased to recover for injuries that the deceased suffered before their passing.

Someone does not have to name an executor prior to their death to have a valid personal injury claim; a court can appoint an executor after someone’s death. Usually, the executor will be a family member or loved one. They may even be one of the same people with the right to bring a wrongful death claim. However, it is important to remember that the wrongful death claim and the survival action are two different claims. A knowledgeable survival actions attorney could explain their similarities and differences during an initial consultation.

When Can You Bring a Survival Action?

One of the biggest misconceptions that people have is that someone must die of their injuries to support a survival action. That is not true. The person can die of any cause, even one completely unrelated to the injury. Suppose they would have had a personal injury claim and were within the statute of limitations at the time of their death. In that case, their successor can bring a survival action.

In fact, this distinction is one of the other differences between a survival action and a wrongful death claim. For a wrongful death claim, the injury must be the cause of the death. A legal professional in Victorville could explain additional details about survival actions.

Meet With a Victorville Survival Actions Attorney

As the surviving family member of a personal injury victim, you may be the successor in interest to that claim. If so, you may be able to recover for economic damages like property damage, medical bills, and lost wages. In some circumstances, you may be able to recover non-economic and punitive damages as well. Schedule a free consultation with a Victorville survival actions lawyer to learn more about your right to pursue justice on behalf of a deceased loved one.