Survival actions are legal claims you can file after someone’s death, allowing their estate to pursue damages and losses they sustained before their death, such as pain and suffering, lost wages, and medical bills. The legal action survives after their death and is property of the estate. Proceeds from the award for damages become part of the estate’s assets, although they are subject to creditors and debts. The estate executor distributes the remainder of the assets according to the final wishes and instructions of the person’s will or intestate law if they did not leave one.
Contact our office to schedule a consultation with a proficient Charlotte survival actions lawyer to learn more about what this means for your family and how you can file an action. As your hometown legal team, our wrongful death attorneys could help ensure your loved one’s rights are protected even after they are gone.
Upon an individual’s death, most legal claims or rights of use survive and can continue through a personal representative or an estate collector. According to North Carolina General Statute § 28A-18-1, the estate has the authority to step into the place of the deceased to continue pursuing claims they would have had if they were alive.
Examples of claims that survive include personal injury from negligence, medical malpractice, and accidents. That also includes contract disputes, property damage claims, and most tort cases. Our seasoned Charlotte survival actions attorney could assist you during the process to protect your rights and interests. We could also explain any expectations to these rules if you are concerned about your loved one’s survival action case not applying.
While the settlement from survival actions goes straight to the estate, it focuses on the damages the deceased suffered while alive. Similar to personal injury lawsuits, damages may include the cost of medical care, lost salary, lost earning potential, and pain and suffering. Wrongful death lawsuits, on the other hand, go to the surviving family members of the deceased.
The payout compensates for damages caused by the death, such as loss of financial support, companionship, and burial and funeral costs. This is an entirely separate statutory claim initiated by the personal representative on behalf of the specific heirs and beneficiaries, and proceeds go directly to them. That means both actions can and often do arise from the same incident.
In practice, when death follows an injury, both types of damages are frequently pursued in the same lawsuit. Our survival actions lawyer in Charlotte typically files them at the same time as they result from the same set of circumstances, facts, and evidence.
In survival action cases, when individuals suffer harm as a result of negligence but die before resolving the case, a representative of their estate can continue with the suit. Cases vary based on the specific circumstances, nature of injuries, recoverable damages, and other factors.
Our experienced Charlotte survival actions lawyers are well-versed in handling these claims and can tailor them to your family’s circumstances. Call us soon to set up a consultation to review the specifics of the case and address your questions about the process.
