Survival actions are unique because they focus on fighting for compensation to the estate of a deceased loved one based on their experiences before their death. Although these claims are filed on behalf of the deceased, damages in Fremont survival action cases do not take the suffering of family members into consideration. This differs from wrongful death lawsuits and is one reason that these cases can be tricky.
Although survival actions can be stressful, connecting with an experienced lawyer can make the process of pursuing damages in Fremont survival action cases less complicated. If you and your loved ones are planning to file a survival action on behalf of a deceased loved one, consult with a compassionate attorney as soon as possible to begin constructing your case.
Survival Action Damages
As per Ohio Revised Code §2305.21, a representative of a deceased individual can file a survival action claim in their name and seek damages. These damages are determined based on the suffering and medical bills that the deceased experienced following their accident and up until their death.
Damages in Fremont survival action cases vary greatly depending on the nature of the deceased’s death.
For example, an individual who died one day following their accident would likely pay less medical bills than an individual who died one month following their accident.
However, it is important to remember that this is not always the case, as each situation is unique. In some instances, one day of suffering can be more painful than one month of suffering, depending on the situation.
Determining Damages for Survival Action Cases
With the help of a dedicated attorney, loved ones of the decedent in a survival action can craft a case using evidence that paints a picture of their final days. Often, the evidence is presented in the form of medical bills and testimony from family, loved, ones, nurses and doctors who were close to the deceased in their final days.
It can be difficult to measure pain and suffering objectively, as each person is affected differently.
As a result, it is often essential to create a case with as much evidence as possible.
In many cases, it is tough to interpret and communicate the pain and suffering that an individual feels. For this reason, it is strongly advised to present such cases with an attorney that is familiar with survival action law. Ultimately, determining damage amounts frequently hinges on the severity of pain, degree of consciousness, and apprehension of impending death.
Survival Action Damage Distribution
Damages in Fremont survival action cases are given to the estate of the deceased and distributed as per their will. In cases where the deceased has no will, compensation is distributed based on Fremont laws of distribution and descent.
In cases where the deceased has no surviving spouse, OH Rev. Code §2105.06 generally states that damages are awarded to their children or lineal descendant. However, in the case of a surviving spouse with surviving children of their descent, damages go to the spouse.
Many other situations are covered within this and related statutes, including instances where there is no spouse and children, as well as cases where there are no brothers and sisters. Ultimately, understanding Fremont laws pertaining to distribution and descent is critical to ensure that each family member and loved one understands the damages they are entitled to.
Get Help Seeking Damages in Fremont Survival Action Cases
If you and your family are planning to file a lawsuit on behalf of a deceased loved one, contact a lawyer familiar with damages in Fremont survival action cases as soon as possible. Although these are complex cases that can be difficult to cope with, compassionate professional guidance could make the process much easier to get through.