It’s never easy when a loved one passes away, but the tragedy is compounded when their avoidable death came about because of someone’s wrongful conduct. The consequences of a situation like this cause extreme emotional pain for loved ones, but the damage doesn’t always stop there. A decedent’s estate can suffer grave financial burdens and large financial expenses due to their sudden absence as well as the cost of a funeral or burial. In some cases, the estate may seek compensation for these financial harms. If a loved one died due to negligent, intentional, or criminal actions, the estate representative should contact a skilled Perris Survival Action Attorney to see if they may be entitled to pursue compensation for financial injuries.
Perris Factors Affecting Survival Actions
Living in Perris, a relatively small town of 77,000, is not without elevated risk of situations that could give rise to a survival action. Based on FBI data, Perris isn’t a safe community in California or the country as a whole. The chance of becoming a victim of violent or property crime is 1 in 37, and Perris has a crime rate higher than 69% of all California cities and towns. Additionally, there were 312 reported traffic incidents that caused injury or death – 27 of which involved alcohol. A violent crime resulting in death, drunk driving fatality, or traffic fatality due to negligence could all potentially give rise to a survival actions by an estate.
Who Can Bring a Perris Survival Action?
Someone’s death due the wrongdoing of another has the potential to give rise to lawsuits from several different parties seeking compensation. A decedent’s loved ones can often file a wrongful death suit, but in certain situations the estate itself can properly bring a survival action claim. These claims may seem similar, but they have a fundamental different and can stand alone when the proper party files the claim. Certain classes of a decedent’s surviving family members may seek compensation for in injuries they personally suffered through a wrongful death action. Survival action, on the other hand, is a suit filed by the decedent’s estate representative seeking compensation for the estate instead of the survivors for injuries it suffered between a decedent’s initial injury and subsequent death.
When Can a Survival Action be Filed?
A decedent’s estate may file a suit for compensation for injuries it sustained between the deceased’s initial injury and their subsequent death. The key requirement for an estate to recover is it must show actual injury it suffered between injury and death. The estate of a decedent who perishes instantly cannot file a survival action. Not much time must pass between injury and death to satisfy the requirement, however – moments work. Survival actions have been permitted in situations where:
- A decedent is shot, initially survives, but dies on the way to the hospital;
- An elderly decedent has suffered elder abuse but does not die for weeks;
- A drunk driving victim expires waiting for first responders; or
- Decedent dies in the hospital days after surgery as a result of malpractice during surgery.
If you are not sure whether a decedent’s estate can properly bring a survival action, speak to a skilled Perris Survival Action Attorney today.
When Do You File a Perris Survival Action?
If a person is injured through another person’s negligence, recklessness, or intentional act and later dies, their estate representative can file a survival action seeking compensation. The statute of limitations in California dictates the deadline for filing a survival action claim no later than the later of:
- 2 years after the deceased’s initial injury occurred, or
- 6 months after decedent’s death if they did not die immediately after they were injured.
If the claim is not filed prior to the deadline, the estate is permanently barred from filing a claim for damages through the courts; any claim they attempt to file will be dismissed.
Recovering in a Survival Action
Estate representatives usually argue that a defendant was negligent when trying to recover compensation for the estate; however, proving a defendant’s reckless or intentional actions caused damage also incur liability for an estate’s damages. Negligence is proven by showing the defendant:
- Owed the deceased a legal duty of care;
- Breached their duty; and
- Caused injury to the deceased’s estate through their breach.
If a defendant is proven negligent, they will be liable for the estate’s proven damages absent a valid defense. An estate may receive compensatory damages to make it whole for its economic damages between the deceased’s injuries and death. Injuries that are often awarded compensatory damages include:
- Burial costs;
- Property damages; and
- The deceased’s medical bills.
An estate may also be awarded punitive damages in extreme cases to punish a defendant’s vile behavior, but special circumstances must apply, and a high threshold of proof must be met. Because of the difficulty satisfying this burden of proof and the discretionary nature of these damages, it’s advisable to seek help from an experienced Perris Survival Action Lawyer to avoid potentially costly mistakes.
Contact a Perris Survival Action Attorney
If someone was killed as a result of the wrongful conduct of another person, speak to the skilled Perris Survival Action Attorneys at Walton Injury Law right away. Our attorneys have spent years of experience providing tailored, compassionate representation and recovering millions of dollars for estates of deceased individuals. Contact us 24 hours a day, 7 days a week at (866)-338-7079 or complete our online Contact Page to set up your no risk, no obligation initial case review today. The consultation is completely confidential, and you pay nothing until we win your case. Let our knowledgeable attorneys evaluate your unique situation and start working to secure the best possible outcome from a tragic situation.