Seeing our loved ones in pain from car accidents can be heartbreaking. Fortunately, Georgia law allows us to escape financial ruin from such occurrences. So, Lilburn car accident lawyers help crash victims get compensation for their injuries. Many accident victims don’t live long enough to get the damages they deserve, though.
Such death can confuse the victim’s survivors. For example, they may not know whether they can continue the lawsuit or settlement negotiations. However, this wouldn’t be an issue if they had a Lilburn car accident lawyer. In this article, our experienced attorneys explain how the compensation process works when a victim dies midway.
What if a Lilburn Car Accident Victim Dies While Pursuing Compensation?
Short answer? The deceased’s right of action doesn’t die with them. Instead, it survives for the benefit of certain parties. Georgia law calls this a survival action. This legal principle provides that a plaintiff’s death doesn’t extinguish their right to damages. Instead, the plaintiff’s representative can continue the action.
They can then recover the compensation that would have been due to the deceased. Moreover, recoverable damages in survival actions are similar to those in regular compensation claims. Therefore, such damages include:
- Medical bills accrued before the accident victim’s death
- Funeral and burial expenses
- Pain and suffering
- Other financial losses
Essentially, the lawsuit is the same as the accident victim would have filed but for their death. The only difference is that burial expenses are recoverable.
Who Can File a Survival Action in Lilburn, GA?
Notably, not everyone can institute a survival action under Georgia law. Instead, only the deceased’s personal estate can file a claim. So, survival actions are sometimes called estate claims. The deceased’s representative can thus include:
- An executor
- An administrator
- Personal representative
- The decedent’s family member or relatives
Survival Actions vs. Wrongful Death Lawsuits<
Survival actions seem to resemble wrongful death claims. However, there are significant differences between both legal actions. The first distinction is in purpose and types of damages. Unlike survival actions, wrongful death lawsuits aim to compensate the deceased’s family.
Here, the damages are to help them recover the losses that flow from losing a loved one. Furthermore, the defendant’s actions must have been:
- Negligent
- Reckless
- Intentional, or
- Criminal
Notably, too, the deceased’s beneficiaries directly get the damages. The court orders the sums to be paid to them. Damages from survival actions, however, go to settling the bills the decedent’s accident raised.
Should I Bring a Lilburn Survival or Wrongful Death Action?
Ultimately filing a survival action is a personal decision. However, it would help if you based this decision on crucial factors. For example, it’s noteworthy that survival actions don’t aim to compensate the deceased’s survivors. Instead, they replace losses the victim suffered because of the accident. Wrongful death lawsuits, on the other hand, pay the decedent’s dependents.
In addition, you mustn’t even choose between both legal actions. Instead, the law allows you to file both claims. Attorneys often file both lawsuits together too. So, your Lilburn car accident attorney is the best source of advice on this issue. They can tell your best move depending on your case’s peculiarities.
Do I Need Different Attorneys?
The discussion so far has identified three possible types of lawsuits. They include:
- The original car accident compensation claim
- A survival action if the victim dies while pursuing compensation
- A wrongful death lawsuit
Therefore, you may think that you need different attorneys for each case. However, the reverse is the case. We mean that a Lilburn car accident lawyer can handle all three types of lawsuits. The attorney that commenced the car accident claim can continue if it turns into survival or wrongful death action.
The rationale is simple too. All three claims are based on the same facts; the fault party negligently caused an accident that injured or killed the victim. The only differences are the plaintiff and the types of damages. So, a lawyer already acquainted with these facts can successfully conclude the case.
Lilburn Car Accident Attorneys Can Help You!
Have you or a loved one been in a Lilburn car accident? If you have, then the fault driver may have to pay you compensation. First, however, you’ll need the best Lilburn car accident lawyers. Suppose your loved one dies from accident injuries. Then, this increases your need for an attorney.
Fortunately, The Weinstein Firm can supply the lawyers you need. We have an impressive lineup of accident attorneys with decades of experience. Furthermore, our long winning streak makes us an excellent choice. So, call us today for a FREE consultation.
