If someone else’s actions or negligence contributes to the death of a loved one, you have compensation options in the form of a wrongful death claim. However, you may also be able to pursue what’s known as a survival action or a survival action claim. How do these two types of claims differ, and what can be awarded through a survival action claim? In today’s blog, we take a closer look at survival action claims in Minnesota.
Understanding Survival Action Claims
A survival action claim is a type of pursuit that awards compensation to the estate of the deceased for issues they endured prior to their passing. This type of claim is designed to address factors like pain, suffering, medical costs and other associated financial hardships that were incurred as a direct result of the accident but prior to their death.
Despite their death, Minnesota statute 573.01 allows this type of claim to continue through the deceased individual’s estate, ensuring that they can receive some form of justice even in death. Some types of damages that can be pursued through a survival action claim include:
- Pain and suffering
- Medical bills
- Hospital expenses
- Lost wages during the recovery period
- Property damage associated with the accident
Although they are no longer alive, the survival action offers recourse for the pain and financial hardship the deceased experienced. Any compensation is awarded to the estate, so it will eventually be distributed to heirs or as dictated by a will, but as it stands the compensation is tied to the deceased’s estate and not a living individual. In many ways, the process helps to preserve some dignity for the deceased.
This type of claim is different from a wrongful death lawsuit, which allows surviving family members to recover damages for the emotional and financial losses they’ve suffered after the death of a loved one. Wrongful death benefits begin after a person has died, whereas survival action claims will apply to the period between the incident and their eventual death.
We’ve helped clients pursue both of these types of claims, and we know firsthand just how helpful it can be to have an experienced attorney by your side if you are attempting to file for either of these benefits. You have enough on your plate with the loss of your loved one and finding a way to move forward that you don’t need to add to the stress by trying to collect compensation on your own. Insurance companies will try to settle these types of lawsuits for pennies on the dollar, and if you aren’t familiar with these types of claims (and why would you be), you can leave hundreds of thousands of dollars or more on the table. Trust the case to an expert who knows who to put pressure on the insurance company to offer a fair settlement package that accounts for all available forms of compensation.
Hopefully you never need to pursue these types of benefits, but it’s nice to know there are resources available to you if you ever find yourself in this unenviable position. Let us be your resource during this unprecedented time. For more information about survival action claims, wrongful death claims or a different type of personal injury claim, reach out to the team at Hey Workers today at (844) 439-9675.
