When someone loses a life by the careless actions of another, their personal estate representative can file a survival claim in the decedent’s stead. Unlike wrongful death lawsuits, which are filed to seek damages on behalf of members of the deceased’s family who have sustained losses, survival claims are filed on behalf of the actual decedent. A Findlay survival action lawyer could help you understand your legal options if you are interested in filing this type of claim.
A wrongful death attorney can evaluate the circumstances of the victim’s death and pursue compensation from all parties who are legally responsible for their untimely demise. A lawyer could fight for fair restitution and ensure no stone is left unturned when recovering the maximum damages possible.
The standard time limit in which Ohio law requires survival action lawsuits be brought is two years from the decedent’s date of death (see Ohio Revised Code § 2125.02). This means that if a lawsuit is not filed within two years of the victim’s death, a claim for damages may no longer be viable. However, exceptions to this statutory deadline could apply in a survival action case.
According to Oh. Rev. Code § 2305.21, a survival action could be filed on behalf of the victim for damages sustained before their death if such losses could have entitled them to compensation, had they survived. If the decedent was injured in an auto accident prior to their death, for example, their estate’s personal representative could have grounds to file a survival claim for financial damages.
The statute of limitations in a survival action case can vary depending on the incident for which a claim is being filed. For instance, the statutory deadline for medical malpractice cases is one year from the date of the injury. A Findlay survival action attorney can advise the claimant of the appropriate deadline to follow for their case and ensure they file accordingly.
It is essential to understand the difference between wrongful death claims and survival action cases. While both are types of claims are brought after a death caused by negligence, the types of damages available for recovery differ.
In a wrongful death claim, the victim’s estate representative files a claim on behalf of the family. Family members who could receive compensation in a wrongful death claim include the victim’s husband or wife, mother or father, and children. Wrongful death compensation could include funeral expenses, loss of consortium, and the inheritance lost due to the victim’s demise.
The victim’s representative would also be the one to file a survival action case, but any award of damages is distributed to the estate to be disbursed to the appropriate beneficiaries, instead of to the family members directly. A survival action case attorney in Findlay can help the claimant recover compensation for the decedent’s hospital costs, pain and suffering, and other damages suffered prior to their passing.
A Findlay survival action lawyer can help you better understand the lawsuit process and answer your legal questions about pursuing a claim. They could handle each aspect of the survival action process to help ease the strain of this emotional and challenging period. Contact the office today to book your initial case consultation.
Charles E. Boyk Law Offices, LLC