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When a person unexpectedly dies due to someone else’s negligence, many families may file a wrongful death claim. What many people do not know is that they can also file a survival action claim if their case meets the requirements.
Speaking with a Bakersfield wrongful death lawyer can go a long way in helping you figure out what you can be compensated for if your loved one is a victim in a fatal accident at work, on the road, or out in public. A wrongful death lawyer can also help you figure out your eligibility for filing a survival action claim.
Survival Action vs Wrongful Death
These two types of claims help families obtain compensation for the loss of their loved ones in different ways. These two suits can be filed simultaneously and use a lot of the same evidence to determine compensation for both the decedent’s estate and their families. Read on to learn how these cases differ.
Wrongful Death
Wrongful death occurs when a person dies because an entity failed to fulfill a legal duty. These suits can be filed by surviving family members or dependents. If there are multiple family members who would like to file, they must file as one unit.
Families must file their lawsuit within two years of the date of death. If a government entity is involved, the timeframe shortens. Regardless, it’s recommended to file sooner rather than later to avoid the decay or loss of evidence.
Monetary Damages
Economic Damages
These damages refer to tangible expenses such as loss of financial support, household services, as well as funeral and burial costs. If the decedent was the sole provider, the family may be compensated for the money the person would’ve contributed to the home. This is calculated by considering the decede… Read More
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