Copyright © 2023 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
When someone you love is harmed because of another person’s carelessness, it is normal to feel frustrated and overwhelmed. If the responsible party acted negligently, your loved one may have filed a claim against them for damages. Sadly, many people pass away before the court resolves their case, which can be devastating to their family members.
However, the law states that a claim survives an individual’s passing and permits a lawsuit to go forward even after the death of the plaintiff (the person who filed a claim). Pursuing or continuing a claim in such cases is called a survival action.
If your loved sustained injuries and damages and died before resolving the claim, contact a wrongful death attorney at Charles Boyk Law about potential survival actions. A Saline survival actions lawyer will guide you through the proceeding legal processes and pursue justice on behalf of your family member.
According to Michigan Consolidated Laws §600.2921, legal claims and lawsuits survive the death of a plaintiff. However, special rules apply when the legal claim relates to injuries and damages that result in death. Likewise, the process of preserving a claim depends on its status at the time of an individual’s death.
When your loved one passes away, the debts they owe and assets they leave behind go to their estate. A claim for damages is considered an estate asset. After your family member’s death, a Probate Court will appoint a personal representative to handle their estate. The personal representative may be a spouse, parent, adult child, or someone outside the family.
If a person passes due to injuries they suffered in an accident before filing a lawsuit, a personal representative can file a claim alleging that someone else’s negligence or recklessness caused the individual’s death.
If your loved one filed a lawsuit before their passing, an attorney must amend the claim to include damages related to their death. If there is no amendment, the suit can go forward, but the individual’s heirs cannot claim additional damages.
Our experienced attorneys in Saline can advise you on survival action cases and help you proceed with a claim depending on the circumstances of your family member’s death.
If your family member did not pass immediately after an injury, damages may be pursued in a survivorship action to recover for their conscious pain and suffering. When an estate’s personal representative successfully resolves a survivorship claim against the responsible party, the damages are handled differently than in a personal injury case. The estate receives that portion of the damages attributed to the survival action and the personal representative must first apply the funds to any outstanding estate debts, including funeral or medical expenses. Once those have been settled, the remainder is given to family or other parties named in the decedent’s will.
In addition to the survivorship action, family members can recover damages related to the income and financial support they lost due to the death of their loved one. This includes family members who depended on the decedent for personal services such as cooking, home repair, automobile maintenance, transporting children, and other similar tasks receive compensation for the loss of that assistance. Family members may also receive payment to compensate them for losing their loved one’s companionship and emotional support.
Our lawyers in Saline can analyze your survival actions case to determine whether the estate will receive any damages.
Dealing with the legal complications of your loved one’s death can seem like too much to bear. Placing the claim in the hands of a Saline survival actions lawyer ensures the responsible parties are held accountable while allowing you to grieve in peace.
You do not have to face legal proceedings alone. Contact our compassionate legal team members today for a confidential consultation, free of charge.