What is a Survival Action in Georgia?
When a person dies as a result of another party’s negligence or intentional actions, it may be possible for a surviving family member of the deceased, or the executor of the deceased’s estate, to file a wrongful death claim. To be clear, Georgia wrongful death law recognizes that, in situations where the deceased would have been able to file a personal injury lawsuit to seek compensation for their injuries if they had survived, a surviving family member or the executor of the estate can metaphorically step into the shoes of the deceased in order to file a lawsuit to seek compensation for the deceased’s injuries and for their own related losses. This type of lawsuit is a wrongful death lawsuit.
However, if you are in a situation where you may be eligible to file a wrongful death lawsuit, you might have also heard about something called a “survival action.” What is a survival action, and what is its relation to a wrongful death action under Georgia law? Our experienced Macon wrongful death lawyers can explain, and we can speak with you today if you have questions or are ready to file a claim.
Understanding Wrongful Death Lawsuits
To understand how a survival action works and what it involves, it is necessary to understand how wrongful death lawsuits work. As we discussed above, a wrongful death claim can be filed by certain surviving family members, or in some cases by the executor of the deceased’s estate, when a person dies as a result of another party’s negligence or intentional wrongdoing. The lawsuit seeks damages for the fatal injuries caused by the defendant’s actions or inactions and accompanying losses.
In a wrongful death lawsuit, the party filing the claim typically has two years from the date of the deceased’s death to file a lawsuit, whereas a personal injury claim must be filed within two years from the date of the actual injury. To be clear, the clock on a wrongful death claim does not start ticking until the deceased has actually succumbed to their injuries, which can be immediate in some cases but also might be weeks, months, or even longer between the date of the injury and the date of death. That in-between period is where the “survival action” becomes relevant.
Learning About Survival Actions
A survival action, filed concurrent with a wrongful death lawsuit, can allow the party filing a wrongful death claim to seek compensation for losses incurred between the date of the deceased’s injury and the deceased’s death — that in-between period described above.
In many fatal injury cases, the deceased will remain on life support, require significant medical care and treatment, and lose significant wages as a result of the injury but prior to their ultimate death from that injury. Survival actions give the opportunity to seek these additional damages incurred during this time from the defendant.
Contact a Wrongful Death Lawyer in Macon, Georgia
Whether you have questions about a survival action or wrongful death lawsuit, an experienced Macon wrongful death attorney at the Law Offices of Buzzell, Welsh & Hill is here to help you. Contact us today.
Source:
law.justia.com/codes/georgia/2010/title-9/chapter-2/article-3/9-2-41
