Losing a loved one due to the wrongful conduct of another person can be absolutely devastating. After the wrongful death of a family member, you are not only grieving, you are likely buried in medical bills and other expenses. A survival action is a type of lawsuit that arises from a wrongful death. Essentially, a survival action allows the victim’s estate to carry out the lawsuit the decedent could have pursued if he had survived. It is often brought in conjunction with a wrongful death action. If your loved one was taken too soon because of someone else’s negligence or wrongful acts, speak to an attorney for legal support.
What Damages Can Be Recovered in a Survival Action?
Survival actions are intended to compensate the decedent’s surviving family members for expenses related to the accident incurred prior to the death. Some people may survive for weeks or even months after the incident that ultimately leads to their death. During this time, substantial medical bills and other costs can accrue. In some cases, the deceased person may have been able to file a lawsuit on their own behalf during their lifetime.
Survival actions allow the family to continue pursuing compensations based on the claim their relative would have had if he had not died. A survival suit is brought by the decedent’s estate, as it is based on the decedent’s legal rights. You may be able to recover:
- Medical expenses – Any medical expenses your family member incurred can be recovered. Especially if your relative survived for an extended period, the cost of their care may be substantial.
- Pain and suffering – Your loved one would have been entitled to compensation for his pain and suffering if he had lived. His estate can recover these damages on his behalf.
- Lost income – The damages your family member could have been paid for his own lost earning potential and actual lost income may be recoverable by his estate.
On top of a survival action,the state of Wisconsin has designated certain family members who may have a right to pursue additional damages as set forth in the ‘wrongful death” statutes. Wisconsin’s Wrongful Death statutes are quite complex, both in terms of the actual damages that can be claimed, but also in terms of the identification of which family members have the right to pursue those claims, and a consultation with an attorney experienced in these kinds of cases may be essential.
Speak With a Wisconsin Wrongful Death Lawyer
If your family member was lost in a wrongful death incident, Herrling Clark Law Firm Ltd. may be able to help you recover compensation for both your damages and your relative’s. Our experienced Green Bay wrongful death attorneys will aggressively fight for you to receive the maximum amount of compensation you are eligible for. Call us at 920-739-7366 to schedule a free consultation.