Wrongful Death Versus Survival Actions
When a loved one dies at the hands of someone else’s negligence, you may be able to obtain significant compensation for your loss. You may be suing for wrongful death or survival actions depending on the circumstances surrounding your loved one’s death. Common causes of wrongful death and survival actions are car accidents, medical malpractice, workplace accidents, severe slip and falls, and defective products.
Different causes hold different parties responsible for the damages caused. For example, a defective product would warrant a lawsuit against the product manufacturer. Dealing with these legal issues alone can often be difficult. If you have questions about where your case falls, be sure to contact a Delaware wrongful death lawyer for more information.
WHAT ARE SURVIVAL ACTIONS?
A survival action is a claim used for situations where a loved one survived for a short time after the accident and died later on. This is different from wrongful death, which involves immediate death from the accident. To be able to file any of these lawsuits, negligence of the other party must be proven. Negligence means the other party was partially or fully at fault for the death of your loved one.
When trying to examine whether someone was negligent, courts will look for certain types of evidence like pictures, medical records, and witness testimonies. Cross-examination will be used to test each side’s story for potential lies or misinterpretations of what caused the death. This is especially useful for car accidents and workplace accidents, where details of the cause can become mixed.
Survival action claims may help you obtain compensation for medical expenses, funeral costs, and lost wages between the date of the accident and death. Compensation may also be awarded for any pain and suffering your loved one endured before passing away.
WHEN DOES WRONGFUL DEATH APPLY?
Over 190,000 people have died from wrongful death accidents each year. You may be eligible to file a wrongful death claim if you suffered significant damages as a direct result of your loved one’s death. Someone must be at fault for your loved one’s death for this lawsuit to count. Common examples of loved ones who may be eligible for compensation are the spouse, children, and siblings.
The two main types of compensation offered are structured settlements and lump-sum payments. Structured settlements will pay the loved one’s damages for a certain period of time. These payments tend to happen monthly and are intended to cover continuous medical expenses and mortgage bills. Lump-sum payments are offered upfront all at once. The downside with structured settlements is that they usually cannot be changed once they are accepted, while the downside with lump sums is that you are not likely to receive more money once the lump sum is spent.
WRONGFUL DEATH LAWYERS IN DELAWARE
Consider talking with an experienced Wrongful death lawyer in Delaware if you lost a loved one to a fatal accident caused by the negligence of someone else. All you have to do is contact Edelstein Martin & Nelson today at (302) 295-5050 for a consultation. You can find is located in Wilmington, Delaware. Talking to a lawyer if often key for obtaining the compensation you need to recover.