At first glance, survival action and wrongful death claims may look the same. Yet, upon close examination, there are notable differences between the two. With a clear understanding of survival action and wrongful death claims, you can file an appropriate lawsuit against any at-fault parties.
BDIW Law is an Oklahoma law firm that can get you up to speed on survival action and wrongful death claims. Reach out to our team today. We can teach you about survival action and wrongful death claims and answer any questions you have about them.
Everything You Need to Know About a Survival Action Claim
If you file a lawsuit on the grounds of survival action, you are requesting damages based on losses the decedent (person who has died) lost due to their death. You can submit a survival action claim if a family member survives for a short period of time after suffering a serious injury. The claim allows you to seek damages for lost wages, pain, suffering, and other quantifiable and subjective losses your loved one incurs prior to their death.
For example, a family member may experience a severe injury in a car accident caused by a negligent driver. This individual may pass away several weeks after the accident and injury. Meanwhile, you can file a survival action claim to request damages that your family member lost during the period they suffered their injury and lost their life.
To determine if you have a valid survival action claim, it is paramount to meet with an attorney. By partnering with an experienced survival action lawyer, you can find out if you are eligible to sue an at-fault party based on your family member’s losses. If so, the attorney will make sure your lawsuit is filed accordingly.
When to File a Wrongful Death Claim Instead of a Survival Action Lawsuit
You can sue an individual for the wrongful death of a family member if they are responsible for your loved one’s death. In this scenario, the at-fault party was negligent and caused your family member’s death. At this point, you can file a lawsuit to request damages for any losses you incur due to your loved one’s death.
In a wrongful death lawsuit, you can request damages relating to the loss of support and services for the decedent’s children, expenses relating to your loved one’s death, and other economic and non-economic losses. Oklahoma law states there is a two-year statute of limitations for filing a wrongful death lawsuit. This means you have up to two years from the death of a family member to move forward with a wrongful death claim.
BDIW Law has many years of experience with wrongful death cases. Our team works with you to understand your wrongful death claim and pursue damages from anyone responsible for your loved one’s death. In addition, we will ensure you can pursue the maximum amount of damages possible.
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How to Decide Between Filing a Survival Action and a Wrongful Death Lawsuit
It can be beneficial to file a survival action claim if a family member suffers a life-threatening injury that ultimately results in their death. The claim allows you to seek damages for any harm your loved one incurs after their injury. If your claim is successful, you may be able to secure tens or thousands of dollars in damages.
Comparatively, a wrongful death claim is a viable option if a family member dies due to someone else’s negligence. With help from a wrongful death attorney, you can file your request for damages right away. Your lawyer will make sure your wrongful death claim is used to pursue damages for any losses you incur due to your loved one’s death.
There can be instances when a survival action and wrongful death claim are filed in conjunction with each other. An attorney can help you determine if you are eligible to do this. If you are able to file multiple claims, you may be able to maximize your compensation.
What to Expect in Damages in a Survival Action or Wrongful Death Lawsuit
Your lawyer can help you calculate a fair amount of compensatory damages to request in a survival action or wrongful death lawsuit. Initially, your attorney will look at the immediate losses relating to your claim. Your attorney also considers the long-term financial impact of your loved one’s death.
There is no restriction on the economic damages you can request in a survival action or wrongful death lawsuit. As such, you can ask for any amount of compensation for medical bills, lost income, or other objective losses. Your attorney will review medical bills, pay stubs, and other financial documents to help you decide how much to ask for in economic damages.
With non-economic damages, there is no cap as well. You can seek as much money as you would like for pain, suffering, and other subjective losses in your survival action or wrongful death lawsuit. Before you do, it is critical to consult with an attorney so you can request a reasonable amount.
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Why You Should Not Wait to Hire an Attorney for Help with a Survival Action or Wrongful Death Claim
Survival action and wrongful death lawsuits can be challenging. If you have an attorney at your side, you can avoid mistakes during the legal process. Your lawyer will make sure you move through this process without compromising your case.
In the time leading up to your survival action or wrongful death trial, your attorney communicates and collaborates with you. Your lawyer does everything they can to help you present a compelling argument for damages. In the best-case scenario, your attorney can make it clear to the court why you deserve damages and make sure you achieve your desired case result.
Of course, your attorney offers a valuable legal resource as well. Your lawyer can answer any legal questions you have as your survival action or wrongful death case progresses. On top of that, your attorney ensures you receive plenty of legal support at each stage of your litigation.
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Connect with an Attorney that Can Help You with Your Survival Action or Wrongful Death Case
BDIW Law can put you in touch with an attorney to assist you with your Oklahoma survival action or wrongful death claim. To get started, please contact us today.
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