Virginia Beach Survival Action Damages
Virginia Beach survival action damages allow a person’s estate to collect compensation for the losses the deceased suffered in a personal injury suit. Unlike in a wrongful death claim, the injured party did not die as a direct result of their injuries. This distinction also makes the damages available in these claims different.
A detail-oriented survival action lawyer can explain these differences to you. The attorneys at Cooper Hurley Injury Lawyers have experience litigating these claims and can use this experience to guide you through this complex process.
The Role of Damages in Survival Actions
The role of monetary damages in Virginia Beach survival actions are to compensate the estate of the decedent. Since, unlike a wrongful death claim, a survival action means a person died, but not as a result of the conduct that caused their injuries. The economic losses that are claimable in this type of case are similar to what would be in a personal injury case.
This means the medical bills, the lost wages, and other economic losses the person suffered before they passed away are compensable under this type of claim. A well-versed attorney can further explain the role of Virginia Beach survival action damages.
What Compensation Can a Family Claim in Virginia Beach?
As stated above, survival action damages are meant to compensate the decedent’s family in the same way personal injury damages would compensate the injured party. However, depending on the specific facts of the case, different types of damages may be available.
Pain and Suffering
Virginia’s wrongful death statute does not allow for damages for the conscious pain and suffering of the decedent before they passed away. However, it is compensable in a survival action. Since a survival action is essentially a personal injury case that is brought by a personal representative, pain and suffering is compensable damage.
Payment for Medical Bills
Medical bills are compensable in survival actions. In a survival action, the medical bills include the full original amount of the medical bills under the collateral source rule. This means that even if the person had health insurance, the at-fault party must pay the full bill, including the portion covered by insurance.
Can a Family Collect Funeral Expenses?
Although funeral expenses are often an important aspect of wrongful death claims, they are often not compensable in survival actions. Survival actions are meant to compensate an estate for the damages suffered by the decedent prior to their death and focus more on medical bills, lost wages, and other losses the injured party actually endured prior to their death.
An Attorney Can Help Calculate Virginia Beach Survival Action Damages
It is important to work with an experienced lawyer when calculating and claiming damages in a survival action. An attorney who understands the difference between wrongful death claims and survival actions can work to make sure your family is claiming all the compensation you are entitled to. Our lawyers at Cooper Hurley Injury Lawyers have experience working with families to claim Virginia Beach survival action damages and can use our experience to help you. To discuss how we can help, call today.