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What Happens if an Injury Victim Passes Away While Pursuing a Personal Injury Claim?

What Happens if an Injury Victim Passes Away While Pursuing a Personal Injury Claim?

When someone gets injured in an accident, the injury could be so serious that they end up passing away unfortunately. This is certainly a tragedy. Family members may not know what to do or where to turn for help.

If the deceased person was in the middle of a personal injury claim, and they passed away from their injuries, then loved ones can take action so that justice is served. After all, they shouldn’t have to bear the burden of costly medical expenses or a funeral.

Here’s what they can do in the event that their family member died from an injury.

Sue for Wrongful Death

One way loved ones can ensure that justice is served is by filing a wrongful death claim. This sort of claim will compensate the surviving loved ones, who can pursue damages for funeral expenses, mental trauma, loss of companionship, and lost wages, including the money the deceased person would have made if they had not died.

The damages will first be given to the deceased person’s spouse and children. If they are not married or don’t have kids, then the damages will go to their parents. But if their parents aren’t alive, then designated heirs will receive the damages. 

File a Survival Action Claim

Another way to pursue damages for someone’s death is to file a survival action claim against the defendant. This is filed on behalf of the person who died. Damages could include medical expenses, pain and suffering, property damage, loss of enjoyment, emotional distress, and loss of wages. If a settlement is reached, it will go into the estate.

Who Can Initiate a Lawsuit?

You may be wondering if you’re allowed to initiate a lawsuit when your loved one passes away. Whether you’re pursuing a survival action claim or suing for wrongful death, you need to be the administrator or executor of the estate in order to initiate a lawsuit in most states. If the deceased person did not designate an administrator or executor, then the court will appoint one.

Can You File a Survival Action Claim and a Wrongful Death Claim?

It is entirely possible to file both a survival action and a wrongful death claim. Then, you could cover all of your damages as well as the deceased person’s damages they incurred before they passed away.

Remember the Statute of Limitations

There is only a certain period of time in which you can file your wrongful death or survival action claim. This is called a statute of limitations. Typically, you need to file the survival action and/or wrongful death claim within two years of the death of your loved one. 

What to Do When Filing a Claim

When you want to pursue legal action and file a wrongful death or a survival action claim, you need to get in touch with a personal injury lawyer. You may want to work with the lawyer who was representing your loved one before they passed away or find somebody different. It’s entirely up to you.

Your lawyer will work with you to calculate your economic damages like medical bills, funeral costs, and loss of wages, along with your non-economic damages like pain and suffering, loss of enjoyment, and loss of companionship.

They will also help you collect evidence. For instance, they can call up the hospital to retrieve your loved one’s medical records as well as assist you with gathering all of your bills. You may also have witness statements from people who saw what happened, a police record, photos, videos, and other proof that can strengthen your case.

One thing to keep in mind is that if the cause of death was not from the injuries, then you cannot recover lost wages or benefits beyond the date of your loved one’s death. For instance, if they got injured in a car accident but passed away from a heart attack a year later, then you could not receive their future earnings. This is one of the reasons why it is extremely important to have an experienced attorney working hard to recover maximum compensation on your behalf.

Should I Accept a Settlement from Insurance?

At some point, an insurance company may call you up to offer you a settlement. It’s never a good idea to accept a settlement unless you have a personal injury lawyer negotiating on your behalf. Insurance companies notoriously offer low settlements that don’t cover all of your damages.

Even if you think they’re providing you with enough compensation, you will likely be able to get more if you hire an experienced personal injury lawyer. Then, you will know that justice is served, and you can rest a little easier after this traumatic event.

If you have recently lost a loved one because of someone else’s negligence or reckless actions, get in touch with a skilled and knowledgeable wrongful death attorney in your area.

Obtain a Pre-Settlement Loan for Your Wrongful Death Lawsuit

Losing a loved one is an extremely difficult time under any circumstances, and this is especially true when your loved one suffers an untimely death that was the fault of another person or party. Under these circumstances, it is human nature to want to put this situation behind you by accepting a quick settlement offer from the insurance company.

It is important to keep in mind, however, that insurers are not empathetic to your situation. Although the adjuster might be kind and courteous, they are not looking out for your interests. Their loyalty is to their employer, which means their goal is to pay you as little as possible.

As we talked about earlier, this type of claim is best handled by an experienced attorney. But while they are dealing with your case, you may be facing financial difficulties, especially if you’re lost loved one was one of the primary breadwinners in the household. This is where a pre-settlement lawsuit loan can give you some financial peace while you adjust to your recent loss.

Pre-settlement loans are cash advances that are secured by the eventual settlement or verdict award that you receive from your lawsuit. With a lawsuit cash advance, you can get a portion of your compensation upfront while giving your lawyer the time necessary to effectively try your case.

Lawsuit funding is non-recourse, which means that the lender is paid back through the compensation that is recovered from your claim, and if no compensation is recovered, you owe nothing. While you are waiting for your case to be resolved, there are no monthly payments, so you do not need to worry about paying anything back in the short term.

Contact Direct Legal Funding to Apply for a Wrongful Death Lawsuit Loan

If you are interested in wrongful death lawsuit funding, Direct Legal Funding can find you the best deal on your pre-settlement loan. We offer the most competitive interest rates in the industry, and we provide a smooth and easy application process that allows you to get your funds usually within 24 hours of approval. We also deliver exceptional customer service during each step to help lessen the stress involved with the legal process.

Get started on your wrongful death loan today by calling (866) 941-5588 or applying online. We are ready to go to work for you!