Atlanta Survival Action Lawyer

After enduring the loss of a loved one, it understandable to feel overwhelmed with grief and loss. The subsequent medical bills for your late loved one’s treatment may still even need addressing. While it is important that you take the time you need to grieve, it is also crucial that you act within a reasonable amount of time to address the wrong that was done at your loved one’s expense. An Atlanta survival action lawyer could help you recover compensation for your loved one’s prolonged suffering caused by another person’s irresponsible actions. With the help of a team of lawyers, you could rest assured that they could work to achieve a favorable result for you in either court or settlement negotiations.

Differences Between Wrongful Death Cases and Survival Action Cases

In a lot of wrongful death cases, the death happens shortly after the wrongful act. In those kinds of cases, one does not have a claim for any pain and suffering because the time between the wrongful act and the person’s death was not long. However, in a survival action, one could have a longer period of time between the wrongful act and the death, and that then allows for individuals to recover for some of that pain and suffering in between the wrongful act and the death.

Survival Action Process

A survival action is much like a typical wrongful death case in this manner. A full investigation takes place and all the circumstances are looked into. Witness interviews are taken and then a case is fully worked up and a claim is brought by either the executor (person named in the Will to probate the estate) or an administrator (who is appointed by the probate court) on behalf of the heirs of the decedent.

If there was no will (a will usually names an executor/executrix to be responsible for probating the will), an administrator/administratrix of the estate is appointed by the probate court. This is usually a family member that the beneficiaries of the estate agree to appoint. Sometimes, the administrator is an independent party who has no relationship with the family.

Compensation Available in an Atlanta Survival Action Lawsuit

Damages, colloquially known as compensable losses, in a survival action could be economic:

• For the medical costs incurred during a prolonged period of time between the wrongful act and the death, and/or
• Lost income that is incurred during that time.

There are non-economic as well for all of the conscious pain and suffering that the person undergoes during the period of time between the wrongful act and the death.

Evidence Used to Validate Compensation Sought

With respect to the pain and suffering claim, testimony from fact witnesses who saw indications of suffering from the victim, whether he or she was wincing or demonstrating signs of being consciously aware of pain. Often, there could be medical witnesses and, therefore, medical testimony from experts who could attest that the person was consciously experiencing pain and was suffering.

Then, a lot of times, an economist who could quantify the loss damage aspect of the claim is brought in. The loss of income and the financial losses to a family are calculated. There are the medical bills and medical expenses that are proven through the bills from the hospital, the doctors, and all the people who cared for the person from the date of injury until his or her passing.

In many cases, Atlanta survival action lawyers rely on the expertise provided by an in-house doctor who could assess the degree of physical injuries a victim endured and then work with lawyers to ascribe a compensable number to them. Attorneys could then take all evidence gathered and present it in court or in settlement negotiations with cutting-edge presentation technology.

Call At Any Hour to Speak to An Attorney Who Could Help

It is never easy losing someone you love, and when life takes someone undoubtedly early, the frustration, hurt, and fear of the future could only make matters worse. In the worst of cases involving a wrongful death, the loss does not happen all at once, but takes place over time. In those tragedies, the pain and suffering your loved one experienced after the irresponsible act could be compensated with the help of an Atlanta survival action lawyer. With the help of a compassionate attorney, you could recover compensation for your loved one’s suffering. While this would never undo what has been done, it could help with lingering medical expenses, funeral costs, and help you grieve. Call today to speak directly to an attorney who could place your needs at the front of a case and for your free case review.

 

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