What Happens When a Victim Dies During Their Lawsuit?

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Accidents can produce physical and emotional injuries and affect a wide range of individuals. While an accident victim may experience direct pain and suffering, their loved ones can also be affected, especially if the victim passes away from their injuries in the midst of their personal injury lawsuit. If your loved one has died, there are a lot of thoughts going through your mind, including the question of where the lawsuit stands.

If a person dies when their personal injury case is still pending, it is possible for their surviving family members or spouse to continue the claim. Though laws vary by state, generally family members can continue the claim through what is known as a survival cause of action, or simply survival action.

You may be eligible for survival action if:

  • You’re the legal representative of the deceased
  • The deceased had a cause of action for personal injury before they died
  • The deceased had already started or was entitled to start a cause of action against the at-fault party
  • The at-fault party’s actions were the cause of injuries and death of the deceased

Through survival action, you’re entitled to the same damages that your loved one would’ve been entitled for had they received compensation for their injuries while alive. Damages you can recover include medical costs, lost wages or loss of earning capacity, and pain and suffering of the deceased. Survival action does not recover damages for your own pain and suffering, like funeral costs or loss of companionship. However, a wrongful death claim may be filed separately for your family to recover their own damages.

Why Hire a Personal Injury Lawyer

Deciding whether or not to file a survival action on behalf of your loved one can be a complicated matter for you and your family, especially if you want to recover your own personal damages. You need a personal injury lawyer who has experience settling wrongful death cases, and can educate you on the legal system so you can make an informed decision that benefits you and your family. We can help you decide whether to file survival action, wrongful death claim, or both, depending on your situation.

Losing someone you love can be one of the most challenging experiences in a person’s life, and our lawyers want to help alleviate some of the pain through competent advocacy and compassionate service.

More Than 15,000 Personal Injury Cases Settled Successfully

Whether you’ve been injured in an accident or have lost a loved one, you deserve legal representation you can trust to defend your rights to compensation and treat you with the respect you deserve. At The Groth Law Firm, S.C., our personal injury lawyers have years of experience helping clients recover efficiently from their injuries, and have settled thousands of cases successfully. During this vulnerable time, you can rely on us to navigate you through the legal system and build a strong case that can hold guilty parties responsible for their negligent actions.

When your loved one dies due to someone else’s negligence, call The Groth Law Firm, S.C. at (414) 768-2727, or contact us online. Our wrongful death attorneys offer a free case evaluation to listen to you and understand your needs. We do all we can to achieve the compensation you need to grieve, process, and heal.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.