Losing a loved one is one of the most difficult experiences anyone can go through. It can be even more devastating when the death was caused by someone else's negligence or malice. In such cases, it is crucial to seek legal assistance from an experienced attorney to help you obtain the compensation you deserve. One of the options available to you is filing a survival action claim. This article provides you with all the necessary information you need to know about survival actions. 

What Is a Survival Action?

A survival action is a legal claim that arises from the injuries suffered by a person before they passed away. The personal representative of the deceased person's estate can file this claim. The damages awarded in a survival action go to the estate and not the surviving family members. It is important to note that survival actions are different from wrongful death claims. Wrongful death claims are filed by the surviving family members of the deceased person and the damages awarded go to them. 

Who Can File a Survival Action?

The personal representative of the deceased person's estate is responsible for filing the survival action. This individual is appointed by the court and is responsible for managing the deceased person's estate. If the deceased person had a will, the will usually names the personal representative. However, if there is no will, the court can appoint one. An attorney can also help you navigate the process and inform you about what steps to take. 

What Is Needed to Prove a Survival Action?

To prove a survival action, it must be shown that the deceased person suffered an injury due to someone else's negligence or malice. The personal representative must prove that the injury caused damage that the deceased person would have been entitled to if they were alive. These damages may include medical expenses, lost wages, pain and suffering, and other damages and losses. 

If you need assistance with a survival action case, Bernard M. Tully Attorney at Law can help. For over 33 years, this law firm has been providing quality legal assistance to clients in Pittsburgh, PA. Their attorneys have the knowledge and skills necessary to help you navigate the legal system and get the compensation you deserve. No detail goes overlooked, and they can help you make informed decisions. You can contact them at (412) 281-8700 to schedule a free consultation or visit their website for more information.