Do I Qualify to Bring Wrongful Death and Survival Actions?

 Posted on January 24, 2025 in Wrongful Death

People are injured in car or truck crashes, workplace accidents, and a wide variety of other incidents every day. While some injuries are minor, others are immediately fatal. Some critically injured victims fight for their lives, only to eventually succumb to their injuries. If someone else’s negligence or intentional actions caused the death, whether immediate or after time passed, you may be entitled to compensation.

What are survival and wrongful death actions? How do I know if I qualify? Consulting an experienced San Jose wrongful death attorney can get your questions answered and put you on the road to receiving the full compensation you are due.

What Is a Survival Action?

In personal injury cases, injured victims may qualify for compensation if their injuries are caused by negligence or an intentional act, like assault. Although that victim might die as a result of the incident, his or her eligibility to file a personal injury claim survives. A survival action gives eligible persons the right to pursue a claim on behalf of the deceased to collect specific types of damages, such as:

• Medical treatment expenses

• Property damage

• Lost income

• Pain and suffering

The damages you could receive through a survival action only reflect the losses suffered by the deceased, not your own. However, a wrongful death action addresses your losses.

What is a Wrongful Death Action?

The loss of an immediate family member has multiple adverse effects. In addition to unexpected funeral and burial expenses, you may be facing loss of financial support, other expenses, grief, and other intangible losses. This is particularly true when the deceased is survived by young children who depended on the guidance and support of their parent, but any death can profoundly affect families. Money cannot fill the void left by the victim’s passing, but it can give you financial security while adjusting to life without him.

Unfortunately, liable insurance companies typically offer only a token amount of compensation that does not begin to cover your eligible losses. Without the assistance of an experienced lawyer, you may not realize that a settlement offer is too low. After accepting it, you will not be able to ask for more in the future.

Why Do I Need a Wrongful Death Attorney?

Only eligible survivors can bring survival and wrongful death actions. These survivors include spouses, registered domestic partners, parents, children, other relatives, and the personal representative of the deceased’s estate. Once your attorney establishes your right to file a claim, we will then investigate the fatal incident, calculate all available damages, and pursue the full amount you are entitled to. Our goal is to help you collect maximum compensation while providing the compassionate support and legal guidance you need at this difficult time.

Call a Skilled San Jose, CA Wrongful Death Lawyer

At Law Office of John J. Garvey, III, we have over 45 years of legal experience winning personal injury and wrongful death claims. That experience means we know the most effective ways to proceed. Arrange your complimentary case review with our dedicated Santa Clara County, CA personal injury attorney by calling 408-293-7777 or contacting us online. We will not charge legal fees unless we recover monetary compensation for you.