Explaining Survival Actions in Lilburn Car Accident Cases

car accident

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:

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.

Latest Posts

How to Navigate Legal Action after a Bicycle Accident
Are You Always at Fault if You Hit Someone from Behind?
Can You File a Police Report Days After an Auto Accident in Georgia?
The Importance of the Police Report in a Car Accident Claim
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Memorial Day weekend Georgia drownings, car accidents  11Alive.com WXIA [...]

Victims of Sunday's multi-vehicle crash on I-75 in Bartow County identified  FOX 5 Atlanta [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

4 dead, 5 injured after multi-vehicle crash on I-75 in Bartow County  11Alive.com WXIA [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

2 men found dead a half-mile apart along Candler Road, Rainbow Drive  FOX 5 Atlanta [...]

Child, 3 Adults Dead In Fiery GA Wrong-Way Crash Identified: GSP  Patch [...]

Crash at notorious Decatur intersection sends three to the hospital  Decaturish.com [...]

Car crashes into Decatur home's living room; intersection called dangerous  Herald & Review [...]

Construction accident claims life of Watkinsville company employee  Online Athens [...]

Two pickups crash killing woman and injuring four other people  Online Athens [...]

Athens man killed in vehicle vs pedestrian accident on Commerce Road  WGAU [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Miracle Trudestiny Morrow killed in Birmingham crash  The Legal Advocate [...]

3 dead after driver flees from GA police, crashes vehicle as car goes up in flames  WSB Atlanta [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

GDOT: I75 crash in Clayton County; lanes blocked  11Alive.com WXIA [...]

Four killed after wrong-way driver crashes into car on Morrow County highway  NBC4 WCMH-TV [...]

Drivers Allegedly Racing to Car Meet Wreck Each Other in 8-Car Pileup  The Drive [...]

8 Sports Cars Allegedly Racing Each Other Pile Up In Georgia Highway Crash  CarScoops [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

Bartow County crash: Kennesaw State University student killed  11Alive.com WXIA [...]

5 killed in Bartow County I-75 crash identified: coroner  11Alive.com WXIA [...]

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Driver in deadly Peachtree Corners high-speed crash charged with murder  FOX 5 Atlanta [...]

4 Dead, At Least 3 Injured In 2 Gwinnett Co. Crashes  Patch [...]

Lawmakers consider banning speed cameras in Ga., one metro Atlanta county fights to keep them  WSB Atlanta [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

I285 DeKalb Co, crash; all lanes closed: GDOT  11Alive.com WXIA [...]

I-20 deadly crash in Conyers, GSP says  11Alive.com WXIA [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation
Weinstein law firm logo
Injured in an Accident? You Want the Best!

When it comes to personal injury cases, time isn't always on your side. Contact us today and see why all of our clients say Weinstein Wins!

Let us fight for your rights and get you the maximum compensation you deserve!