The Law Offices of Brent J. Rhodes

Connect with an Experienced Personal Injury Attorney Today

Call for free consultation: 985-262-7799

The Law Offices of Brent J. Rhodes

Connect with an Experienced Personal Injury Attorney Today

Call for free consultation: 985-262-7799

Your Advocate In
Serious Injury Claims

What is a survival action for a wrongful death car accident?

| Aug 6, 2020 | Car Accidents |

Both drivers and passengers face untold danger on highways, busy city streets and even on the roads of their own neighborhoods. Car accidents often result in death, and the Centers for Disease Control and Prevention note that over 40,000 people lost their lives in this way in 2017.

If your loved one died as the result of a car accident you believe was the fault of another, filing a wrongful death lawsuit on his or her behalf may help you recoup financial losses. However, before you include a survival action in the lawsuit, you may want to understand how this could affect the outcome.

About survival actions

If your loved one did not die at the scene of the accident but lingered for days or even weeks afterward before passing, the medical bills he or she left behind may total thousands of dollars. As your family member’s spouse, adult child or other close relative, you likely have the right to file a survival action, which may award you compensation for medical costs and any lost wages the decedent experienced. Pain and suffering damages are not included with a survival action, and you may have to include those with your main lawsuit.

Collecting on survival actions

Before you file a survival action, it is important to know how your loved one’s medical bills might affect your ability to collect. If private insurance or other medical programs failed to cover the total cost, these programs have the ability to collect on the action in the amount still owed.

Car accidents accounted for over 12% of unintentional deaths in 2017. While nothing can replace your loved one, a wrongful death lawsuit may help your family recover and move on.