Deciding between filing a wrongful death or survival action lawsuit following a car crash that resulted in the at-fault driver's death involves understanding the specifics of the accident, the nature of the losses incurred, and the legal framework governing such cases in your area.
Some important points to keep in mind include - Wrongful Death Lawsuit: This type of lawsuit is often initiated by the relatives or estate representatives of someone who has died due to another's negligence or harmful actions.
If a family member was killed in the accident and the at-fault driver is deemed responsible, you might consider a wrongful death claim to seek reparations for the deceased’s beneficiaries and the estate. Damages claimed can cover funeral costs, loss of income to the family, emotional distress, and the loss of companionship and support. Survival Action Lawsuit: This lawsuit is pursued on behalf of the deceased’s estate to claim damages the deceased could have sought if they had lived. If you were injured but survived the crash, a survival action allows you to claim compensation for injuries and damages incurred due to the accident. The estate can claim for the deceased’s medical bills, pain and suffering before death, lost earnings, among other damages.
Engaging with an experienced car accident attorney can help to determine what your legal options are - helping you to choose the right path for your potential lawsuit. An attorney will not only clarify the legal details but also represent your interests, working to secure the maximum amount of financial compensation available for your case.