What Is A Survival Action?
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At Rector Stuzynski Law Firm, we fight to recover the compensation you deserve. You focus on healing. We handle the rest.
At Rector Stuzynski Law Firm, we fight to recover the compensation you deserve. You focus on healing. We handle the rest.
Personal injury cases require experience, strategy, and persistence. Our attorneys represent clients in serious injury claims, handling everything from investigation to negotiation and, when necessary, litigation.
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A survival action is similar to a wrongful death claim, but it focuses on recovering the damages the deceased person experienced before their death.
Instead of compensating the family for their loss, a survival action allows the estate of the deceased to pursue compensation for injuries, medical treatment, and pain and suffering endured between the time of the accident and death.
Because of the complexity of these claims, it is important to work with an experienced wrongful death attorney.
A wrongful death claim compensates the family for losses resulting from the death, such as funeral expenses, lost income, and emotional suffering.
A survival action, on the other hand, focuses on the damages the deceased experienced before passing away, including medical bills and pain and suffering.
In many cases, both claims can be pursued together depending on the circumstances.
Imagine a person is seriously injured in a car accident caused by another driver. They receive medical treatment for days or weeks, experiencing significant pain and accumulating medical expenses.
If that person later passes away due to those injuries, a survival action allows their estate to recover compensation for those medical costs and suffering prior to death.
This is separate from the wrongful death claim, which addresses the impact of the loss on the family.
Wrongful death claims are typically filed by close family members, including:
Learn more about who can file a wrongful death claim.
A survival action is brought on behalf of the estate, typically by the personal representative.
Both claims must be filed within the Colorado statute of limitations, generally within two years.
Survival actions focus on economic damages related to the care and treatment of the deceased before death.
These may include:
Wrongful death claims, by contrast, include compensation for emotional losses and financial support provided to surviving family members.
Learn more about wrongful death damages.
Survival actions and wrongful death claims are complex and often involve multiple parties, timelines, and types of damages.
An experienced attorney can help gather evidence, establish liability, and maximize compensation.
At Rector Stuzynski Law Firm, we guide families through every step of the process and handle the legal burden so you can focus on what matters most.
We are available 24/7 and offer free consultations.
We provide clear, practical guidance on wrongful death claims and the legal process so you can understand your options and move forward with confidence.
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