Copyright © 2022 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
In the wake of the recent passing of a loved one, you may feel particularly hurt if the untimely death of that person was caused by the negligence of another. Fortunately, there are options that you could use to both hold the wrongdoers accountable and compensate you for the pain and suffering you and the deceased endured. However, the Bowling Green survival action case process is often stressful and comes with it a necessity of time. Working with an attorney you feel could help your case is imperative.
The first steps in investigating a survival action would actually be figuring out if there is a will and who is named as the executor of the estate in the will. If there is not a will, it must be determined who is the most proper party to become the administrator of the estate, and then work with that individual to file the proper paperwork. That person would receive the letters of authority to administer the estate from the probate court.
An attorney goes about establishing liability in Bowling Green survival action cases by proving that there was a duty of care, that there was a violation of the duty of the care, and the proximate cause of the violation of the duty of care caused the death.
After liability is effectively established, the next issue is the elements of damages. For example, if the other side is conceding liability, then it is up to the plaintiff’s attorney to help establish all of the damages. For example, if a person was employed at the time of death, they would have to hire an economist who would review their prior tax returns, their vocation, and try to determine what the future economic loss would be. If there is a dispute as far as conscious pain and suffering, attorneys would have to retain an expert medical doctor or coroner to discuss those issues. Proving damages is often more expensive and more difficult.
The attorney and the administrator or executor of the estate decide whether a survival action should be dealt with in civil court or in private negotiations. For example, if there has been an investigation done and there is only $100,000 in insurance coverage, there are no other parties that they could collect from, and no uninsured motorist coverage, then filing the lawsuit may not make sense if the other side is willing to offer the $100,000. Attorneys are going to use logic, reason, and common sense to consider the totality of the circumstances.
When compared to a wrongful death claim, a survival action case takes a similar amount of time–even when sought in conjunction. One would not be settled before the other, even though there are specific causes of action in almost every situation. The reason for that is an insurance company is going to want to full release before they pay them money and they are not going to be giving them a full release until they sign off on all the claims.
The factors that decide how long a survival action takes include economic factors, logistic factors, and what the damages are. Then the attorney’s job is to sit down with the executor or administrator of the estate, describe all the legal options, what the cause, what the risks are, and make an intelligent decision. All of these factors contribute to a Bowling Green survival action case process.
The most important thing surviving heirs could do to help the wrongful death attorney during a case is to first contact the attorney early on so the attorney could do a complete and thorough investigation. They should be open and honest, and stay in touch and communicate with the attorney. They should interview the attorney and make sure that it is an attorney that they see themselves working with because they are going to be dealing with that attorney for normally an extensive period of time.
Often, the grief that follows the death of a loved one is overwhelming. Worse yet are instances where the death was caused by the negligence of another. Instead of seeking post-humus compensation, you could still, in fact, seek compensation for the pain and suffering you and a loved one endured during their last moments. However, the Bowling Green survival action case process is often lengthy and exhausting. Make sure you have an attorney who could help you through the extensive legal work and hold your best interests at heart. Reach out to an attorney today.