If an accident has caused the death of one of the victims, the affected family would have the right to take one of 2 different approaches.
It could file a survival action
That allows the estate to receive the damages that the deceased incurred from the moment of the injury-causing accident until the time of his/her death. Personal injury lawyer in Bradford knows that families that file a survival action have the right to seek money for the decedent’s pain and suffering, as well as any lost earnings.
A family that did not file a survival action could file a wrongful death claim.
Money given to family that has filed a wrongful death claim does not include compensation for pain and suffering. Although deprived of money for pain and suffering, a family member could seek reimbursement for burial and funeral expenses
Among the family members, there could be some that could seek money for loss of support, if the court could be shown that the same family members had proof that some form of financial assistance that had come from the decedent.
If a family has submitted a wrongful death claim, if is possible that the filing family could seek punitive damages.
What factors might act to influence a family’s decision, regarding submission of the complaint used to initiate a survival action or a wrongful death action?
It could be that the family members that favored submission of such a complaint did not have a legal right to carry out that same action. In most states, a stepson or daughter, or the second wife of a deceased man would not have the right to file a wrongful death claim.
If a family’s claim were based on allegations about the negligence of a given party, that same party would have the right to move for a dismissal of the charges. If a judge were to grant such a dismissal, then the family would not be able to pursue the claim.
If a family had failed to check on the details, regarding the state’s statute of limitations, it might try to file a complaint after the deadline had passed. In other words, it might wait until a date that was well past the date of the injury-causing accident.
If a court were to receive a complaint at such a late date, it would be unable to grant an acceptance of movement on the procedures that would precede a trial. In other words, it would rule against a furtherance of any progress that had been made along the path towards litigation.
The chance for an early settlement would not be on any list of the factors that could influence a family’s decision, regarding a survival action or wrongful death claim.
