When a person’s death is caused by another individual’s careless or reckless behavior, certain members of their family including their spouse, children, and parents, can file a wrongful death lawsuit on their behalf. A wrongful death lawsuit not only aims to recognize the negligent party for their careless mistakes, but it is also used to help those filing the lawsuit recover damages for their losses. For instance, some of the damages that are often awarded in wrongful death cases include loss of companionship, loss of dependency, pain and suffering, and more.
Now, if the decedent didn’t pass away directly after the incident, but instead, did so a few days or even a few weeks later, their family might be wondering if there is any way they can recover compensation for the expenses the decedent incurred before they passed on.
And the answer is yes, and it can be done through a survival action.
What is a survival action?
Survival actions are similar to wrongful death lawsuits, however, the damages that are awarded in these types of cases do differ. In a survival action, the plaintiff, or the party filing the claim, could seek compensation for any of the following damages:
- Hospital bills. Was the individual hospitalized before they passed away?
- Ambulance expenses. Did they need to be transported to the hospital at any point by ambulance before their death?
- Doctor’s visits. Did the victim visit with doctors or receive treatment prior to their death?
- Emergency room visits. Was the victim admitted to the ER after their accident?
Additional damages may also be sought in a survival action depending on the circumstances that arose before an individual passed away.
A civil action is meant to help a party recover compensation for expenses a person incurred prior to their death. Now, because Colorado has strict rules regarding who can file a lawsuit on behalf of a deceased loved one and how soon they can bring forth their lawsuit, it is recommended that an individual confirm with a Colorado wrongful death lawyer whether they are permitted to file a survival action.
Who can a survival action be brought against?
Just like a wrongful death lawsuit, a survival action would be filed against the party responsible for the individual’s death. If it was a drunk driver who was liable for causing the accident that eventually led to an individual passing away, then the survival action would be filed against them.
Learn More About Survival Actions by Contacting Bryan & Terrill Law, PLLC
To find out more about survival actions and recovering compensation to cover expenses a family incurred as a result of a relative’s death, contact a Colorado wrongful death lawyer at Bryan & Terrill Law, PLLC.
Bryan & Terrill Law, PLLC can be reached at:
333 W. Hampden Avenue, #420B
Englewood, CO 80110