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If your loved one passed away because someone acted negligently, recklessly, or wrongfully, you may have the right to file a wrongful death lawsuit. However, seeking wrongful death damages is only one part of the monetary recovery process. You may also have the right to file a survival action lawsuit.
Washington survival actions entail filing a lawsuit against the at-fault party for the economic and non-economic damages sustained by the deceased’s passing. Essentially, it is a personal injury lawsuit filed on behalf of a person who is unable to file due to their untimely death. An experienced wrongful death attorney can help you better understand your options during this difficult time.
Wrongful death lawsuits and survival action claims in Washington serve different purposes. A wrongful death claim focuses on the losses suffered by the surviving family members. Examples are loss of companionship, emotional distress, and/or funeral costs, relating to the deceased’s passing and impact on the survivors.
Meanwhile, a survival action provides compensation for the damages sustained by the deceased person’s passing. For example, if your loved one was injured but did not die immediately, you have the right to demand compensation for such damages through a survival action claim.
In most cases, you can file wrongful death and survival action claims simultaneously. If compensation is awarded in a survival action, it often becomes a part of the deceased’s estate, which is then distributed according to their will or intestacy laws.
Damages in a survival action are similar to damages in a personal injury lawsuit. The deceased’s beneficiaries (i.e., certain surviving loved ones) may have the right to recover a variety of damages, including:
Filing a survival action in Washington is about standing up for your loved one, giving him or her a voice they no longer have, and seeking justice for both the deceased and their surviving loved ones.
In Washington, there is a strict time limit for filing a survival action. Generally, you must file your claim within three years from the date of your loved one’s death. Missing this deadline can mean losing the right to pursue compensation. It is important to act quickly to contact an attorney; however, some statutes of limitations can be as short as just six (6) months after the deceased’s passing, particularly when governmental institutions and their actors are responsible.
While three years can seem like a long time, delaying survival action is not a good decision. The longer you wait to start collecting evidence, the harder it becomes to find it. Since dealing with legal issues while grieving can seem nearly impossible, it is important to enlist a skilled survival action attorney to handle these critical legal details.
If your loved one passed away days, weeks, or even months after a negligent incident, you can often seek compensation through a Washington survival action. It allows you to demand justice and compensation from the at-fault party by recovering damages for harm inflicted before the deceased’s passing.
Our skilled legal team at Boren Law can help you receive fair compensation and support you throughout your case. Since our firm works on a contingency basis, you do not pay until we win in court or successfully negotiate a settlement on your behalf. Call us for a free consultation today.