Know the Difference Between Wrongful Death and Survival Statutes

Wrongful death is a widely covered area of law in which a family contents that their loved one dies as a result of wrongful actions of another person. Wrongful death – what is a survival statute? Ordinarily, death is thought to be inevitable, but death arising out of lack of care is certainly preventable. Whether it’s a  Metro bus accident or a rig explosion, wrongful death is adequately catered for in law to allow the family or relatives of the deceased to seek for damages. Closely related to wrongful death is survival statutes which relates to the action being brought against the representatives of the deceased in the event that he or dies before the case is completed.

Survival statutes for in wrongful death claims

If you are injured because of negligence of a person such as a doctor for failure to exercise reasonable care and you begin a case, the law provides that you can proceed with the case and seek compensation even if the plaintiff dies or unrelated causes before the actual settlement is reached. Many people are ignorant of the law and end up leaving their case simply because the defendant died.

Your lawyer will be able to invoke the requisite provisions of the law and apply them to your specific case for you to be guaranteed of your compensation. With the help of a wrongful death lawyer, you can file your compensation claims against the deceased plaintiff’s estate representatives with a view to continue with litigation. It is worthy noting that if a plaintiff succumbs to the injuries leading to the case, his or her representatives may convert the case to wrongful death. Generally, many jurisdictions guarantee that the actions will not stop but instead proceed.

The defendant cannot avoid a civil suit just because he or she died. For example, take a case of a woman who is inattentive to her baby and dies during the wrongful death case, the case cannot be stopped simply because she died. This is because the plaintiff still maintains his or her right to seek for compensation.

Wrongful death suits are challenging and requires that a plaintiff as well as a defendant finds an experienced lawyer to help them file a strong case for a reasonable compensation. It is important to know your facts of the case and understand that the facts are needed to help substantiate the case. Have you been a victim of wrongful death or your loved one? You need to move with speed to file a case before the expiry of the statute of limitation. A good lawyer understands that the case before him or her is delicate and requires a careful mind to handle it. A reliable lawyer is all you need to put forward a case that can take a case to a level that would guarantee a fairly reasonable case.