Survival action is a law, or statute, that protects the decedent’s estate when the decedent had a cause of action for suffering, as well as damages prior to their death. It covers the time of the injury until the time of death and transfers to the estate as an asset.
What Is an Example of Survival Action?
One possible example is that your mother developed preventable bedsores due to the negligent care she received in the nursing home. She suffered for three months as a result of these sores, but they did not cause her death. She died from an unrelated heart attack. You can file a survival action suit from the time the sores first developed until the time of her death.
What Are the Damages Considered in a Survival Action Suit?
While no amount of money can bring your loved one back, financial restitution is one way to compensate the family for the suffering that loved one endured as a result of negligence or abuse prior to death. There are different aspects of damages that are considered when determining an award.
This may include pain and suffering, medical expenses, and loss of income prior to the time of death. In order to reach an amount for damages owed, the courts look at a number of factors such as the severity of pain, duration of suffering, and immediacy of death.
Pain and Suffering
There is no set number to compensate for an experience of pain and suffering. It is a subjective analysis that is the result of the jury’s consideration after listening to both witness and expert testimonies. They reach a number they feel is a justifiable reimbursement for what the victim may have endured during the last moments of their life.
An attorney may recommend that medical bills be taken into consideration when determining just compensation and ask that they are multiplied three or four times to arrive at an appropriate damage value.
If your loved one is injured in a nursing home as a result of abuse or negligence, you may be able to recoup the medical bills related to the injury. For example, if a fall occurs that results in a hip fracture, medical damages could include any bills that are related to the surgery, hospital stay, subsequent rehabilitation, home health care, medical devices, and medications.
Additionally, as stated in the pain and suffering section, medical bills provide a monetary reference on which to base compensation for more impalpable damages.
Loss of Earnings or Wages
These damages can be claimed if a person was working at the time he arrived at an assisted living or nursing home facility where the injury occurred. An example would be a loved one entering a rehab facility after knee surgery. The victim is subsequently dropped by a member of the staff or left unattended and falls. The fall results in a severe fracture or another incapacitating injury. The potential earnings or lost wages are what the injured party would have earned had they not been hurt as a result of negligence.
What Are the Benefits of Hiring an Attorney?
An experienced attorney provides the family with much needed guidance regarding any possible issues that may arise with the estate. Sometimes, family members are struggling to cope with the loss of their loved one, and an attorney can assist with arranging grief counseling services. An attorney offers a sense of stability and confidence during a difficult and trying time.
An experienced attorney can help you navigate through your unique situation to determine the best course of action. If your loved one suffered as the result of a nursing home’s abuse or neglect, your family may be eligible for compensation. Contact a nursing home abuse lawyer at 1-800-516-4783 for a consultation with an experienced and compassionate attorney.
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