What Should You Do After A Car Accident?

Survivorship Claims

In many accidents that cause injuries that end in the death of a person, the person may linger in life after the accident occurs and not die for a period of time. Wrongful death doesn’t cover the medical bills that accrue in that period and it doesn’t provide compensation to the victim for the pain and suffering and injuries in general that occurred. Fortunately, there are survivorship claims and actions that will cover the period between the injury itself and death.

One of the biggest problems with survivorship claims is determining when a person may have suffered and when he or she did not. It has been generally accepted that for individuals that die instantly at the scene of the accident, there should not be a survivorship action or claim available since if there was any suffering, it was very short. The questions come up when the individual lingers for a long time or spends an extended period in the hospital before eventually succumbing.

Another question that concerns the pain and suffering aspect is the presence of a coma. Some argue that a coma or a medically induced coma reduce the pain and suffering or completely cancel it out. Others take the opinion that a coma makes a person unaware of any pain and suffering that occur and so those should not be accessible damages.

One other important fact about a survivorship claim is that the family of the deceased is not barred from bringing a claim for wrongful death at the same time as the survivorship claim. This is because the two claims cover different damages and time frames. The survivorship action covers the damages from the time of the accident until death. Wrongful death covers the pain and loss that the family endures after the loved one dies.

Contact a Jacksonville Wrongful Death Attorney

If your loved one has been killed by someone’s negligent or intentional actions, contact the Jacksonville wrongful death attorneys of the Law Offices of Donald Guthrie at 904-296-1088.








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