Fatal car wrecks are, unfortunately, all too common in the United States – and the consequences to the loved ones of the victims can reverberate for decades.
The emotional trauma of losing a loved one is naturally tremendous, but the financial damages families suffer can also be profound. Pursuing a survival action and a wrongful death claim against the at-fault party can help your family endure.
What’s a survival action?
Both Indiana law and Kentucky law permit a survival action, which is basically the personal injury lawsuit the victim could have pursued if they had survived. Their right to pursue that claim “survives” through their estate or personal representatives.
Through a survival action, your loved one’s estate can recover the cost of any medical care between their injury in the wreck and their death, plus whatever is appropriate for their pain and suffering during that time.
What is a wrongful death claim?
Any death that is caused by another person’s negligent, reckless or intentional bad acts is considered “wrongful.” A wrongful death lawsuit is focused on the losses suffered by the deceased’s estate caused by their early demise.
A wrongful death lawsuit can help your family recover compensation for things like:
- Reasonable funeral and burial or cremation services
- The mental anguish suffered by the deceased’s immediate family and dependents due to their death
- The loss of the deceased’s financial support based on their earning capacity (if they were a wage-earner)
- The loss of the deceased’s personal services (if they were a homemaker or a caregiver to their kin)
- The loss of the deceased personal guidance, companionship, protection and care for their spouse, children, elderly parents and other dependents
- The loss of any future inheritance their children might have received if the deceased would have lived a full life
While monetary compensation can’t ever come close to replacing your loved one, it can give you some financial security during a tumultuous time. Find out more about your legal options.