Call Us atA wrongful death lawsuit can help surviving family members recover for the harm they have suffered and will suffer because of their loved one’s death. However, wrongful death claims are not built to address losses experienced by the deceased person between when they were injured and when they ultimately passed away as a result of their injuries.
Recovering for the latter type of damages after a wrongful death is possible, but it requires filing a related but separate civil claim known as a survival action. If you want to seek compensation for losses your family member suffered between an accident and their untimely death, you should make contacting an Anchorage survival actions lawyer one of your top priorities.
What Damages Are Recoverable Through a Survival Action?
A survival action can be thought of as a cause of action for a personal injury lawsuit surviving the death of the injured person. If someone would have had standing to sue someone over losses they sustained in an accident but passed away before they could do so, a representative for the decedent’s estate could seek restitution for those losses on the estate’s behalf through a survival action.
Compensable losses factored into a typical survival action may include:
- Medical expenses for care the decedent received after their accident and before their death
- Lost wages while hospitalized or disabled from their fatal injury
- Personal property damage caused by the fatal accident, like vehicle repair and replacement costs
- Physical pain and suffering
- Psychological and emotional distress
An Anchorage attorney could offer more specific guidance about losses that could be recoverable in a survival action during a private initial consultation.
Rules for Filing Survival Actions
Just like with wrongful death claims, the person nominated in a deceased person’s will as their personal representative or executor is the only person with legal standing to file a survival action. Any compensation recovered through a successful survival action may be used to pay off outstanding debts held by the estate and then incorporated into the estate as assets inheritable by the decedent’s heirs.
The filing period set by the statute of limitations is generally two years from the date of death for survival actions in Anchorage.
Seek Help from an Anchorage Survival Actions Attorney Today
The process of filing a survival action can be challenging on both legal and emotional levels. Fortunately, you have help available from compassionate legal professionals who understand how difficult these sorts of cases are and could work tenaciously to get you a good case result without additional stress on you and your family.
A conversation with an Anchorage survival actions lawyer could be a key first step toward effectively enforcing your family’s rights. Call today to schedule a meeting.
