What Happens If an Injury Victim Passes Away While Pursuing a Personal Injury Claim?
An accident victim may pass away before their ongoing personal injury claim has been resolved. The wrongful death might occur because of the injuries sustained during the personal injury accident or the injured victim may die because of an unrelated cause.
Georgia law allows eligible survivors to pursue a personal injury or wrongful death claim on behalf of their deceased loved one. However, wrongful death laws can be complex and it is wise to work with an experienced personal injury attorney in Atlanta to pursue the best course of action that maximizes your compensation.
Is a Personal Injury Claim Filed with the Insurance Company?
The first step is to determine whether an accident claim has been filed or not. This will allow you to chart the next logical step in the process of recovering compensation. You may want to proceed with a survival action if an insurance claim has already been filed. In fact, your attorney may recommend filing a survival action to obtain compensation from the deceased’s estate.
If there is no claim filed with the insurance company, you may want to file a wrongful death action. This will help you pursue compensation for your loved one’s death.
What is a Survival Action in Georgia?
The estate of the decedent that experienced a personal injury because of the negligent actions of another can pursue compensation from the responsible party under Georgia law. Compensation can be filed for recovering the cost of medical expenses, lost wages, and pain and suffering among other damages.
In general, survival action claims are a continuation of the already-filed claim with the insurance company when the accident victim was still alive. These claims are handled in the same manner as if the injured victim was still surviving.
However, there is a big difference between survival actions and personal injury claims. The representative of the deceased’s estate acts on their behalf. The representative is tasked with the role of pursuing financial recovery from the at-fault party. They are also responsible for accepting the amount paid.
Most steps in the claims process of both personal injury and survival actions are the same since these claims are almost identical in nature. In survival actions, the representative of the decedent’s estate needs to be named in the claim as the person responsible for accepting the claim and handling negotiations. Estate representatives can be the surviving spouse, children, siblings, or parents. The court needs to approve the representative before they can proceed with the survival action.
Filing a Wrongful Death Claim
A wrongful death claim will need to be filed if the accident victim passed away before a personal injury claim could be filed with the insurance company. Generally, wrongful death claims are filed when the reckless or negligent actions of an at-fault party result in the death of the victim. For instance, a drunk driver may crash into another car, which immediately kills a passenger in the other car.
In this situation, the loved ones of the deceased passenger will be able to file a wrongful death claim against the at-fault driver. The primary difference between a survival action and a wrongful death claim is that the decedent’s family can recover compensation for:
- Loss of income
- Loss of consortium
- Any medical expenses related to the accident before the death
- Funeral and burial costs
Seeking Recovery from Both Survival Action and Wrongful Death Claim After an Atlanta Personal Injury
If your loved one passed away from injuries sustained in a personal injury accident, you may be able to file a wrongful death claim. You may also be able to file a survival action in this case to recover any damages that the victim suffered because of the accident when they were alive.
Stemming from this, a survival claim may be the better course of action if your loved one died from something completely unrelated to the accident. Your attorney will consider several factors, including the length of time the victim survived after the accident to recommend seeking financial recovery from both wrongful death claim and survival action.
Obtaining Compensation When the Case is Resolved
Compensation for damages caused by another person’s negligence eventually goes to the next of kin of the decedent. Depending on the type of claim filed, you can choose among different courses of action. The compensation goes directly to the victim’s estate in a survival action. This is then disbursed as per the will.
In a wrongful death claim, financial recovery is obtained by the family member that filed the claim. In case a survival claim and wrongful death action are filed, compensation will be awarded to both surviving family members and the estate. If the person getting the claim through a wrongful death action is also named in the decedent’s will, they will recover a share of compensation through the estate as well.
Choose a Results-Driven Personal Injury Law Firm with a Record of Large Settlements and Verdicts
The experienced wrongful death attorneys at the law firm of Miller Injury Trial Law have helped numerous families and loved ones recover maximum compensation for the injuries or the untimely death of a family member. Our attorneys are here to help you obtain justice and get the closure you deserve.
Schedule your free case review with our lawyers today. Call us at 855-44MILLER or contact us online.
