While some people may think they have little recourse to recover losses prior to the death of a loved one, this is a misnomer. A Bowling Green survival action lawyer could help you recover losses through a survival action claim and protect your rights during the process leading up to court or through a settlement. Reach out to an attorney who could help.
Under Bowling Green in Ohio law, in a survival action, a personal representative of the estate is filing a lawsuit and making claims on behalf of the deceased to cover expenses in pain and suffering that occurred before the individual’s death. In a wrongful death claim, by contrast, they would be claiming expenses in pain and suffering that would occur after the death. So, for example, a personal representative in a survival action would be asking for medical bills and funeral expenses, and perhaps conscious pain and suffering that the individual had before they died. In a wrongful death action, they would be asking for economic loss, future lost wages, future economic loss, pain and suffering, inconvenience, and loss of consortium for the heirs because of the death itself.
Typically, in a survival action, there would be a lawsuit that would be filed on behalf of the estate by the executor or administrator. Causes of action would be specific claims. One of the causes of action would be the survival claim. In that claim, they would be requesting lost wages, medical bills, funeral expenses, and potentially pain and suffering that occurred while the person was alive.
Under Bowling Green in Ohio law, if a person died without a law, the administrator of the estate would be determined by the heirs who are left. If somebody was married, their spouse would be the first alternative, and if they were qualified and made the application, they would be appointed. If there was no spouse or the spouse declined to become the administrator of the estate, then it would go to parents, siblings, and so far down the line.
One example of damages that are normally involved in a survival action would be economic damages. Economic damages would be lost wages or loss of income that occurred while the individual was still alive. Non-economic damages would be pain and suffering and inconvenience. Punitive damages could be involved, for example, if the person was injured, lived for a while, and eventually passed. Surviving claim holders could ask for punitive damages against a drunk driver or someone else who acted recklessly. They could punish the individual who caused the damages for acting with reckless disregard for human life.
To help calculate these damages, a Bowling Green survival action lawyer would gather medical bills, funeral expenses, and lost wage verification.
An attorney could help you when you are facing difficult circumstances by meeting with your family and help shepherd the filing of the application to be the executor or administrator of the estate through the probate court. Additionally, a lawyer would do the investigation, help gather the evidence, discuss legal options and strategy, and find all the potential witnesses and expert witnesses to document all of the evidence and maximize the recovery for the client. Reach out today to begin your survival action claim process.
Charles E. Boyk Law Offices, LLC