If you are grieving over a loved one’s wrongful death, you may be entitled to wrongful death survivor actions claims.
On top of your grieving and trying to figure out how life is now going to continue on for you and your family, there is a good chance that you are concerned about money and have growing financial troubles.
Two options that may be available to you and your family are a wrongful death claim or survival actions. These are both ways that a victim’s family can try to recover damages from the person who is liable for a victim’s death.
If you are unsure of whether wrongful death survivor actions will benefit your family, contact Cohen & Cohen, for a free case evaluation.
Wrongful Death
If a person dies as the result of a personal injury, wrongful death laws allow the estate to be awarded damages for the beneficiaries of the deceased. The beneficiaries often include a deceased person’s children and spouse, and in some situations, other close relatives. These are usually the persons who suffered the most financially, because of the deceased’s death.
Survival Action
A survival action is filed on behalf of a deceased person who is often referred to as “decedent” in court. In this kind of action, the deceased’s estate could try to get compensation for damages similar to those one seeks in a personal injury lawsuit. Compensation gained from a survival action is dispersed through a deceased person’s estate rather than directly to surviving family members.
Who Can File What?
The people who are allowed to bring forth a survival action or wrongful death claim vary from state to state. Typically, in a wrongful death claim, the decedent’s spouse, children or other legally recognized financial dependents, or the parents of an unmarried decedent, are the people who may file the lawsuit. While this too varies with jurisdiction, usually a survivor action is brought forth by the executor of the decedent’s estate.
For a more detailed explanation of wrongful death survivor actions and how they may help you and your family, contact the experienced and compassionate team at Cohen & Cohen, today.
