Westlake Village Survival Actions Lawyer

When someone passes away prematurely due to another person’s irresponsible or unlawful act, the deceased person’s right to sue over the injuries they sustained does not pass away with them. Instead, that right can “survive” the deceased person in the form of two related but distinct types of civil claims: a wrongful death action and a survival action. It is not always possible to file a survival action in cases of wrongful death, as it depends on the situation.

Still, understanding how survival actions work—and how you might be able to use one to seek restitution following a close family member’s death—may be key to protecting your interests and those of your loved ones. Seek help from a seasoned attorney as early as possible during the process. If you want to recover fair and full compensation for the harm a negligent person caused through a fatal accident, make it a top priority to speak with a Westlake Village survival actions lawyer.

How Survival Actions Differ From Wrongful Death Claims

The primary purpose of a wrongful death lawsuit is to reimburse surviving family members for the losses they will experience as a direct result of their loved one’s death. Conversely, the purpose of a survival action is to recover compensation for losses the deceased person experienced between the initial injury they suffered and their premature passing.

Under California state law, the only person with legal standing to file a survival action is the person who was nominated as the “personal representative” for the deceased person’s estate, either through that deceased person’s will or—in the absence of such instructions—by a civil court. In either case, the personal representative generally has no more than two years after the now-deceased person’s initial injury or six months after the date of their premature death (whichever comes last) to file suit, ideally with support from a Westlake Village survival actions attorney.

Recoverable Damages in Survival Action Cases

Since survival actions are intended to allow recovery of damages for which a deceased person could have sued on their own behalf had they survived their injuries, most of the same damages that may factor into a standard personal injury claim can also be incorporated into a survival action. This can include, but is not restricted to:

• Costs of medical treatment received for the initial injury
• Lost work income while receiving treatment for the initial injury
• Damage to personal property stemming from the initial accident
• Physical pain and suffering
• Psychological trauma and distress

Furthermore, if the injury in question stemmed from extremely egregious negligence or intentionally malicious conduct on the part of the defendant being sued, a court may choose to impose additional punitive damages against that defendant and award them to the plaintiff. This is a topic you may wish to discuss in an initial private meeting with a knowledgeable survival actions lawyer in Westlake Village.

Speak With a Westlake Village Survival Actions Attorney About Your Legal Options

While survival actions often coincide with wrongful death lawsuits, they are not the same type of claim, so you should not treat them as identical when you are preparing to file one. Even if you have experience pursuing civil litigation, you should strongly consider seeking help from an attorney specifically experienced with survival actions who could help you fight for the best possible result from your claim.

An experienced Westlake Village survival actions lawyer can review your situation and offer guidance about potential next steps during a confidential consultation. Call today to schedule yours.