Watching your loved one suffer from an injury that eventually leads to their death is a traumatic experience for a family. Knowing your family member suffered because of someone else’s carelessness, recklessness, or intentional misconduct makes the situation even worse. Fortunately, an experienced wrongful death attorney can help you file a civil lawsuit for financial compensation.
A compassionate Terre Haute survival actions lawyer can meet with your family to explain the legal process and determine if you have a potentially viable civil claim.
You might have grounds to pursue two different types of legal claims relating to your loved one’s untimely and preventable death.
A wrongful death lawsuit is a civil claim that you can bring against the person or entity responsible for your loved one’s death. In a wrongful death suit, the family of the deceased pursues compensation for what their loved one’s untimely loss has cost them. You can seek recovery of your loved one’s anticipated lifetime wages, as well as pursue damages for the loss of their support, services, guidance, and companionship.
A survival action is a lawsuit in which the surviving family members of a lost loved one seek damages to cover what the deceased person experienced from the time of their injury until their death. A survival action would give your family the chance to seek compensation for what your loved one endured.
Survival actions allow an estate to pursue damages that the deceased person would have been able to claim if they had survived their injuries. While survival actions cover the incident that caused the injuries that led to your loved one’s death, they can also cover unrelated causes of action. For instance, if your loved one suffered an unrelated injury before their death from a car accident—for example, if they tripped on a broken staircase and broke their ankle, incurring significant medical costs and lost wages—your loved one’s estate might be able to sue the homeowner of the broken staircase. Your deceased loved one’s right to seek damages might survive their death, as stated in Indiana Code Section 34-9-3.
Our knowledgeable Terre Haute attorneys can explain the legal processes involved in both wrongful death claims and survival action lawsuits.
A survival action can allow you to seek compensation for the losses that your loved one suffered from an injury unrelated to their death or between the time of their injury and their death. For example, your loved one might have been in the hospital for a significant amount of time because of their injury. They might have had to undergo painful surgeries or medical procedures. While they were in the hospital, they might have missed work. Some recoverable damages in survival actions are:
Our skilled Terre Haute attorneys know how to maximize possible recoveries by working with medical experts and other professionals to build strong cases for liability and damages in survival actions.
The loss of your loved one is heartbreaking. Call a dedicated and caring Terre Haute survival actions lawyer from Fleschner, Stark, Tanoos & Newlin to help you seek compensation that can help you through this difficult time.
Contact us today to schedule a meeting to discuss what happened to your loved one.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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