Survival Actions

In the wake of a tragic loss, particularly in cases of serious injuries or wrongful death, navigating legal proceedings can be overwhelming for grieving families. In Charlotte, seeking the counsel of a knowledgeable wrongful death attorney is essential, especially when considering a survival action.

Survival actions allow the deceased's estate to pursue legal claims that the deceased could have pursued if they were alive, such as claims for pain and suffering, medical expenses, or lost wages incurred before death. A skilled Charlotte wrongful death attorney at the Olsinski Law Firm, PLLC, can guide families through the intricacies of survival actions, ensuring that all relevant legal avenues are explored and pursued with diligence and compassion. Contact our office at 704-405-2580 to schedule a consultation with a Charlotte survival action attorney on our team.

In North Carolina, wrongful death and survival actions are distinct legal claims that serve different purposes in seeking compensation for the loss of a loved one.

Wrongful Death Claims

Wrongful death claims allow surviving family members to pursue damages for the losses they have suffered as a result of their loved one's death. These damages typically include compensation for funeral expenses, loss of financial support, and emotional suffering endured by the surviving family members.

Survival Actions

Survival actions allow the deceased's estate to pursue legal claims that the deceased could have pursued if they were alive. This includes claims for pain and suffering, medical expenses incurred before death, or lost wages. Survival actions aim to compensate for the damages suffered by the deceased before their death.

Navigating the differences between wrongful death and survival actions in North Carolina requires a nuanced understanding of complex laws. Consulting with experienced Charlotte personal injury attorneys who specialize in wrongful death and survival action claims can provide clarity on the legal options available and ensure that families pursue all avenues for obtaining compensation for their loss.

In Charlotte, the right to bring a survival action is typically granted to the personal representative of the deceased's estate. The personal representative is authorized to pursue legal claims on behalf of the deceased, including survival actions for damages incurred by the deceased before their death.

The probate court usually appoints a personal representative responsible for managing the deceased's estate, including initiating legal actions and distributing assets to beneficiaries. In cases where the deceased did not appoint a personal representative in their will, the court may appoint one based on statutory guidelines or the preferences of the surviving family members.

It's essential to note that only the personal representative, acting on behalf of the deceased's estate, has the authority to bring a survival action in Charlotte, NC. Consulting with experienced attorneys specializing in probate and estate law can guide the legal procedures in appointing a personal representative and initiating a survival action.

Charlotte's survival actions can be brought under various circumstances where the deceased could have pursued legal claims if they were alive.

Personal Injury Accidents

If the deceased was involved in a personal injury accident, such as a car crash, slip and fall, or workplace accident, and suffered injuries before their death, their estate can initiate a survival action to seek compensation for the damages incurred prior to their passing. This may include medical expenses, lost wages, and pain and suffering.

Intentional Torts

In cases where the deceased was the victim of intentional harm or wrongdoing, such as assault, battery, or defamation, the estate can bring a survival action to pursue legal claims against the responsible party. This allows the estate to seek compensation for the damages suffered by the deceased as a result of the wrongful conduct.

These examples illustrate situations where a survival action in North Carolina allows the estate to seek justice and compensation on behalf of the deceased for harm suffered before their death.

If you tragically lost a family member due to an accident involving another’s negligence, pursuing a survival action may be a way to secure meaningful compensation for your loss. While nothing can reverse the tragedy your family has endured, and no amount of money is a substitute for the loss of their life, a successful survival action can provide your family with monetary damages to ensure you don’t bear the financial brunt of your loss. At the Olsinski Law Firm, PLLC, we’re dedicated to pursuing the best possible result on behalf of your family. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.