Navigating the aftermath of a death is an emotionally challenging process, made even more difficult by the legal process. A DC attorney for survival action can simplify this process and fight for the compensation the decedent’s estate deserves. Note that a survival action is distinct from a wrongful death claim, although both may be available. What distinguishes the two claims is who may make the claim. The close family members of the decedent pursue a wrongful death claim. Meanwhile, a survival action is pursued by the representative of the estate of the decedent. The estate’s representative must adhere to the applicable survival statute.
A survival action with help from a DC attorney can recover potentially millions of dollars that the deceased would have been able to recover had he survived. Naturally, a survival action is necessary to recover compensation for a death that the decedent did not cause. For example, imagine that the deceased is injured in a DC car accident. He did not cause the accident, yet his life was threatened and ultimately taken from him at a young age. But before passing, he spent days in the hospital fighting for his life. There may have been attempts at lifesaving surgeries and days of excruciating pain. The fact that he did not survive does not mean his estate is not entitled to compensation.
Otherwise, the deceased’s estate will be stuck with the bills. Most likely, the deceased had a will or at least family members to whom he would like his assets delivered. There is no reason why those assets should go to the hospital for surgeries for injuries the decedent did not cause. Speak with a DC attorney for survival action to learn your options.
The legal basis of survival actions in DC allows a plaintiff to recover the damages owed to the plaintiff had he survived.
Section 12-101 of the Code of the District of Columbia provides survival of rights of action, starkly contrasting to common law. The statute itself is straightforward. But under this statute, the right to compensation would pass with the victim’s passing. This statute changes that. Once an estate is established, the representative may step into the decedent’s shoes for specific intents and purposes and pursue a survival action.
The estate’s representative works with the DC attorney for survival action to initiate the legal action. But who is the estate’s representative? Another term for personal representative may be administrator or executor. The representative does not need to be related by blood to the decedent. The personal representative can be an attorney, but it can also be a friend, professional advisor, or family member. In short, it can be almost anyone the decedent wants it to be. However, if the decedent does not elect a personal representative before his passing, the law follows the rules of intestacy for DC.
Note that a personal representative is a fiduciary for the estate. This means that the representative’s interests are irrelevant. Instead, the representative must act in the best interests of the estate. Beneficiaries may be entitled to damages if a personal representative breaches his fiduciary duty. Further, a representative must take actions in the estate’s best interest, not the heirs or beneficiaries.
The administrator, executor, or personal representative of the estate may file a survival action in DC with the help of a DC attorney for survival action.
But first, we must establish the estate. The court must appoint a person to become a personal representative in DC. If there is a will, that person will be notified and asked to serve as executor. But note that they do not have to serve. If the last will and testament does not select a personal representative or there is no will, the intestacy rules first point to the surviving spouse if there is one. Our DC attorneys for survival action will assist the personal representative in pursuing a survival action.
The types of damages recoverable in survival actions will vary depending on the facts of the accident. For example, punitive damages may be available if there was an intent to injure, like in a nightclub injury case. First, we will discuss the more calculable damages. Medical expenses are precise and fully compensable in a survival action so long as the treatment is causally related to the accident that leads to the death. Second, conscious pain and suffering may be available. However, the decedent must have noticed the pain and experienced it. If the victim survived the accident but there is no indication that they suffered conscious pain, then this aspect of the damages award may be unavailable.
Additionally, funeral costs are compensable. Between a hearse, burial, plot, coffin, and other associated services, this is an expensive process sometimes overlooked. However, the decedent’s estate may be able to recover these expenses from the defendant. The estate may also recover lost wages counted between the time of injury and ultimate death. Naturally, this period can range anywhere from a few minutes to years.
Moreover, the estate may be entitled to certain speculative damages. Examples vary significantly and are dependent on the facts of each case. Thus, speaking with a DC attorney for survival action is imperative.
Selecting the right DC attorney for a survival action claim can be difficult. When researching an attorney as a personal representative for an estate with a survival action claim, we recommend looking for three things.
Understanding the complexities of survival actions, including who can file, the types of damages recoverable, and the procedural intricacies is crucial for anyone considering such a claim. A DC attorney for survival action can explain to you your options. These can be complicated claims. After losing a friend or family member, ensure you recover the compensation their estate is entitled to. If you have any questions regarding survival actions, call our office today for a free consultation. Our phones are always available at (202) 331-7227.
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