There are two types of claims that can be filed by the family of the deceased involved in a wrongful death: Survival Actions claims and Wrongful Death claims. And while both claims are governed by state law, they are different in that they authorize separate types of damages to be awarded to the estate.
Wrongful Death: Damages can be awarded to the estate for the suffering & financial suffering the death of their loved one caused.
Survival Laws: Damages can be awarded to the estate for the damages that could potentially have been awarded to the decendent, such as pain, suffering, lost earnings, had they not died as a result of the negligence that directly attributed to their death.
Due to variances in specific state laws & procedures, you’ll want to contact an attorney in your area for questions during the claims process. They’ll help you determine the type of claim you should pursue, and help you answer questions surrounding your unique situation.
Questions to ask may include:
-Who is able to file suit on behalf of the deceased?
-What types of damages are allowed in a wrongful death case?
-How does one get appointed to represent the estate?
Are you in the Louisville or Bardstown, KY area? Contact the attorneys at McCoy & Hiestand. They’ll review the details of your specifc case, and provide the help and guidance you need to pursue a wrongful death or surival laws claim on behalf of a loved one.