Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Survival actions are civil claims that are distinct from wrongful death claims in their focus on the deceased. They are filed by family and loved ones on behalf of the deceased to recover damages based on their experiences from the time of their accident until their death.
Although these can be difficult cases to present, they are essential not only to recover damages for your loved one but also to help you move on. If you believe that your loved one experienced suffering prior to their death due to another person’s negligence, contact an experienced wrongful death attorney to discuss the process of filing survival actions in Fremont as soon as possible.
Ohio state law ensures that the right to bring legal action for injuries to a person or property survives the death of the person entitled to bring such actions to the court. In particular, Ohio Revised Code §2305.21 allows for a representative of the decedent to file a lawsuit in their name as if they were still alive.
After determining the damages experienced by the victim from the moment of injury until the time of their death, compensation could be provided to the deceased’s estate. For example, if an individual with a wife and two children got into a car accident and died instantly, a survival action likely would not be pursued, as it could be challenging to prove that the individual experienced suffering between the accident and their death.
Alternatively, if the same individual survived for two weeks before dying, their estate could file a survival action and seek damages for the pain, suffering, and medical expenses that the victim experienced during this time. All damages would be awarded to the deceased’s estate, and distribution would follow their will or—in the absence of one—laws of descent and distribution.
For example, OH Rev. Code § 2105.06 states that if the deceased has no surviving spouse, compensation should be awarded to their children or lineal descendants. However, if there is a surviving spouse with at least one child that descends from the deceased and all the surviving children are also the spouse’s children, damages would typically be awarded to the spouse.
To establish fault in Fremont survival action cases, the plaintiff generally must show the court that the actions of the defendant are clearly connected to the cause of the accident that led to the deceased’s death. Specifically, they typically must prove that:
Recoverable damages for survival actions commonly include injuries, pain, and losses experienced by the deceased before their death, which may include exemplary or punitive damages. Also, damages can include penalties that the deceased could have recovered if they survived.
If you have lost a loved one due to a reckless action that led to an extended period of suffering and death, contacting an attorney familiar with survival actions in Fremont may be wise. Given their unique nature, these cases often require an experienced legal professional to present them effectively. With the right help, you may be able to recover compensation on your loved one’s behalf.
Charles E. Boyk Law Offices, LLC