Last updated 1 day 14 hours ago
When someone dies as a result of another’s negligence, two legal actions can be taken to recover damages for the death: a survival action and a wrongful death claim. Read on to learn more about these lawsuits and the wrongs they seek to compensate for.
Survival Actions
A survival action is a lawsuit filed to recover damages for injuries the deceased suffered prior to his death. For example, if a person was in a car accident and survived for several days before dying, his executor can file a survival action for the deceased’s medical expenses, lost wages prior to his death, pain and suffering, funeral expenses, and other costs. Survival actions are not always possible; if a person dies instantly and with no suffering, there is no basis for a survival action, except to recover funeral expenses. Survival actions cannot recover damages for projected future medical expenses or lost wages that the deceased would have incurred if he had lived.
Wrongful death Claims
On the other hand, a wrongful death claim is filed to recover damages for losses experienced by the close family of the deceased, i.e. parents, spouse, and children. Unlike a survival action, wrongful death suits do not consider the experiences of the deceased prior to his death; rather, these claims seek to itemize the effects of that person’s death on those around him. For example, a family may experience loss of income and other benefits because of a parent’s death, as well as loss of companionship and guidance. For these costs, the surviving family members can receive financial damages. Though a wrongful death claim and a survival action may seem like they are part of one effort to gain full compensation for a death, they are two entirely separate legal actions.
After the death of a loved one, you may be able to recover financial damages for your loss and the costs you have sustained. To discuss filing a survival action or wrongful death claim, call (301) 825-9671 to schedule a free consultation with an attorney at Sussman & Simcox.
Last updated 7 days ago
In a personal injury lawsuit, you may be eligible for economic damages, which is compensation for factors that can be verifiably calculated in dollar amounts. Under the umbrella of economic damages are two types: past and future.
Past Economic Damages
For costs you have already paid, you can recover past economic damages, including:
- Medical bills. If you have already paid for medical treatment or equipment, or for associated expenses like driving to and from treatment, you may be able to recover damages for these costs as part of economic damages.
- Lost income. While you were recovering from injuries sustained in your accident, you may have missed work, resulting in wages deducted from your paycheck. In a personal injury lawsuit, you can recover these losses.
- Child care and home maintenance. In many cases, personal injury lawsuits recognize that your duties within the home are just as important as the wages you earn outside the home. If you have had to hire someone to help you around the home, your attorney may seek compensation for this.
Future Economic Damages
Generally, a personal injury lawsuit will also obtain damages for losses you will sustain in the future, like:
- Medical treatment. Continuing medical treatment, skilled assistance you may need in the future, and medical equipment, among other costs, will be compensated for.
- Future income. When deciding how much to compensate you for future wages, the court will consider a number of factors: how many more years you would have been able to work, the salary you are currently making, and the rate at which that salary could be projected to increase over the course of your working loss.
- Employment benefits. If your job provides insurance or other benefits to you and your family, courts may order compensation to allow you to obtain these benefits elsewhere.
These economic damages can help your family live comfortably after your injury. To discuss your situation and damages you may be entitled to, call Sussman & Simcox today at (301) 825-9671. Our experienced personal injury lawyers will fight for you in court.
Last updated 14 days ago
Negligence is at the heart of many personal injury lawsuits, but what does the term really mean? Take a look at this video for a concise legal definition of negligence.
At its core, negligence is a failure to act in a way deemed appropriate to prevent reasonable harm. Negligence relies on the idea of the “reasonable man” and how he would hypothetically conduct himself in order to protect others; acting in a way that does not comply with this standard may qualify as negligence.
Negligence can happen in almost any area of life. If you’ve been injured because of another person’s careless failure to reasonably foresee the possibility of injury, you may have been a victim of negligence. To discuss your case, call (301) 825-9671 and speak to the Gaithersburg personal injury attorneys of Sussman & Simcox.
Last updated 20 days ago
Unfortunately, some individuals and businesses will always be reckless and negligent, and people will continue to get hurt. If you’re ever the victim of another’s negligence, it’s important that you hire a skilled personal injury attorney to help you seek the compensation you need. For more information, call Sussman & Simcox at (301) 825-9671.
- Sometimes, even pharmacists make mistakes. Visit this page from the U.S. Food and Drug Administration to learn about medication errors.
- Do you know what to do after a car accident? If not, visit this page from Edmunds.com.
- The best way to avoid an accident is to drive safely. Head over to this page from HowStuffWorks.com for some safe driving tips.
- Contributory negligence is a doctrine that many people think is too harsh. For more information, read this study from the Maryland Department of Legislative Services.
- Did you know that 29% of Americans take five or more medications? For more medication safety statistics, visit this page from the Centers for Disease Control and Prevention.
Last updated 21 days ago
Each year, GMAC Insurance posts the results, by state, of its national driver test. This is a short quiz testing basic knowledge of good driving practices. Sad to say, for 2011, drivers in Maryland and D.C. scored at the bottom of all states!
These results do not bode well for motorists on our local roadways. Every properly trained driver should immediately know what to do when facing a light that has just turned yellow, or to identify what is considered to be a safe following distance behind the car ahead. These are basic safety concepts and if you don't know them, you are at higher risk to cause an accident.
Spend a few minutes to take GMAC’s quiz and see how you score. Let us know here how well you did. If you are struggling with any of the answers, maybe it’s time for a refresher. The DMV will usually provide you with a free copy of the Drivers Handbook. If you have teens in your house who are going through the license process, you probably already have a copy laying around. Spend a little time refreshing your knowledge of basic rules of the road and good driving practices. Taking steps to becoming a safer driver is time well spent. Hopefully, we can pull those scores up for 2012.
