Charles E. Boyk Law Offices, LLC
Typically, a survival action would be filed and settled as part of the wrongful death case. Before filing a claim for compensation as a survivor of a lost loved one, many are concerned with how long the case process will take. However, because the details of every case differ, so can the timeframe of a survival action case.
The duration of the Toledo survival action case process depends on the amounts of insurance coverage, the liability, the jurisdiction, and the prosecution involved in the case. To learn more about what to expect during your case, contact a well-versed wrongful death attorney right away. A lawyer can help give you the peace of mind you need to recover damages for the one you have lost. They understand that this is a difficult time for you and can help you pursue recovery for what you have been deprived of.
To begin the Toledo survival action case process, an individual must first open up the estate and appoint the executor or the administrator of the estate. They should also hire a lawyer who could help them do a thorough investigation where they determine all the possible defendants and the amounts of insurance coverage available and collectability of the defendant outside of insurance coverage. The next step would be to hire the relevant expert witnesses to determine the economic and non-economic damages. The issue would be to decide whether or not to try to settle out of court or to file a lawsuit.
The attorney for the insurance company would determine whether someone’s case could be handled in civil court or within private negotiations. The major issue would be how much insurance coverage there is. If there is a small amount of insurance coverage, then there is probably not much to negotiate. If there is a large amount of insurance coverage, then there may be time for negotiation or it may be time to file a lawsuit. Attorneys typically advise the individuals to gather all the information possible on the liability, the damages, and the potential recovery. Until they have all of that information, they cannot make an intelligent decision one way or other.
The factors that would influence the amount of damages would be the wishes of the parties, how much insurance coverage there is, and how much time the claimants are willing to give to solve the problem. Some individuals will give whatever time it takes to get their desired outcome and others want a decision or solution as quickly as possible. Attorneys would work with all of those different mindsets and make recommendations, but ultimately it is the decision of the individual.
A survival action case would be similar to proving a standard negligence case. A person would have to show that the defendant had a specific duty of care which they failed at, causing the loss of another individual. The elements that attorneys would have to prove would be duty of care, breach of the duty of care, proximate cause to the death, and damages resulting from the death both in the wrongful death case and the survival action. After liability is effectively established, a person can negotiate the damages and the value of the case.
The most important things you can do as a part of the Toledo survival action case process is to communicate on a regular basis with their attorney, provide all the information that the attorney asked for, even brainstorm IPS with the attorney, and ask all the questions that the individual thinks are relevant. Oftentimes, some of the best ideas in presenting damages of a wrongful death case happened by going to the house, through scrapbooks, and to places where the deceased individual spend a lot of time. By working with the attorney, helping the attorney understand the individual, and walking a day in the life of that individual helps the attorney present a strong case.