Fairfax Survival Action Lawyer
Wrongful death suits are among the most tragic in the legal world. One intricate part of wrongful death suits in Fairfax County that is often addressed is survival actions. If your family has lost a loved one due to someone else’s actions or failure to act, it is important to act swiftly. Though the grieving period immediately after a loss can be excruciating, it is imperative to speak to a Fairfax survival actions lawyer as soon as possible to maximize the possibility of a preferred outcome.
In Virginia, the statute of limitations on wrongful death cases is two years (bar extreme cases), and therefore speaking to an attorney early will allow adequate time for gathering evidence to build up an argument to help your case. A Fairfax survival actions lawyer’s duties will be the same as the wrongful death action; to show compassion, empathy and be knowledgeable on how to take the beneficiaries through the survival action process by the most efficient means possible.
Summary Survival Action for Fairfax County
A survival action typically takes the same path as a personal injury action once the facts necessary for a survival action are determined, such as that a significant amount of suffering took place between the negligence and the death. In that way, a survival action follows the extended investigatory stage of a wrongful death action, but a potentially shorter litigation phase as with a more typical personal injury action.
Wrongful Death Actions vs. Survival Actions in Fairfax County
The most basic difference between a wrongful death and survival action is that for a survival action you are seeking personal injury type damages for the period between when the person was injured and when they became deceased.
Typically the damages in a survival action are medical costs including emergency medical care, hospital costs, and medications, as well as pain, suffering and damages from a potential personal injury action.
Evidence Used for Calculating Damages
Lost wages and medical bills, including the actual physical medical charges, invoices from treating providers, etc. Pain and suffering damages are typically supported by both lay opinion testimony and potential expert witness testimony as to their observations of what the deceased went through in the months and even hours immediately preceding their untimely death. An experienced survival actions attorney in Fairfax can provide more extensive information on the types of evidence that would be pertinent to these claims and how they can help you find evidence.
Representation Without a Will
The wrongful death statute and its subsequent case law govern who may qualify as the appropriate beneficiaries for the purpose of presenting a wrongful death action. Typically that would depend on the presence of a will, the presence of and status of the beneficiaries, whether the deceased was married, whether the deceased had legal children of the marriage, children not of the marriage, etc. There may also be issues as to multiple qualifying beneficiaries. There are all sorts of things which factor into the determination of who is the appropriate person to bring the lawful death action. It would typically be someone who is qualified as the personal representative of the estate and would otherwise satisfy the elements required in the wrongful death statute.
