Wrongful death lawsuits and survival actions take a similar amount of time and is usually decided by the court docket. Regardless of the amount of time a case takes, it is important to have a caring and dedicated attorney by your side during the entire process. A legal representative could explain the different legal steps and establish what damages you may be able to recover. Our experienced attorneys could help you understand Colorado Springs survival actions and their legal process.
Understanding how to establish liability is an important part of survival actions in Colorado Springs. Liability in a survival action is proved the same way as an ordinary personal injury case. The attorney must prove that:
For example, motorists have a duty to maintain control of their vehicles. If they breach that duty by losing control of their vehicle and running into another driver, that collision most likely caused injuries to that individual. Therefore, it could be said that the defendant’s breach of duty cause damages to the other person.
A survival accident may arise if the person injured in the accident dies. Their estate is then responsible for proving that the defendant had a duty of care, violated that duty, and that breach caused the deceased to die. Once liability is proven, the question for the jury or for the insurance company is how to calculate those damages and determine the amount of money to which the estate is entitled.
Under state Probate Code, all claims against a decedent’s estate that arose before their death and the funeral or cremation expenses are paid first. If the decedent passed away after a lawsuit was filed against them, and then the plaintiff dies, that action will be held in abeyance until a Person Representative is appointed.
The parties typically decide whether a survival cause of action brought by a decedent’s estate will end up in court. Generally, the estate representative contacts the insurance company to put them on notice of a potential lawsuit and hopefully negotiate a settlement out of court. If that does not happen, the estate may file a survival action in the appropriate court.
At all times, up to and including jury deliberation, the insurance company and the representative of the estate can settle the matter. Often the insurance company holds out to see what the plaintiff has for losses and how sympathetic the jury is. When it appears that the jury is leaning toward the plaintiff, the insurance company may make the estate a decent offer to settle.
On some occasions, the parties settle at that time, and in other situations, they may take it right to the end. An experienced survival action attorney could advise an estate representative on:
In Colorado Springs survival claims, a plaintiff should understand the purpose of monetary damages is to compensate the estate for the losses it sustained, and the pain the deceased suffered prior to their death. If a person dies after a jury verdict, but before judgment, different types of damages can be recovered. In a survival action, a claimant may be able to recover:
These are the types of damages that claimant may look to recover because the estate is responsible for these medical bills, and they may need to receive compensation to be able to pay them. The estate of the deceased also may be able to recover for any funeral or burial costs. The components of funeral costs depend on whether the decedent was cremated or buried and whether or not there was a viewing at a funeral home.
An experienced wrongful death attorney could outline the various categories of damages that a claimant may be able to recover and then help gather the substantiating documentation to support those losses. A lawyer also could present their documentation properly to the insurance company in the pre-trial stages, or a jury, if need be.
One of the most important things a claimant can do is follow their attorney’s instructions and cooperation is crucial as well. A legal professional could describe to an estate representative what needs to be done to prosecute their survival action properly. Additionally, an attorney could gather documents that support the injuries sustained by the decedent and the damages claimed by the deceased’s estate. For help understanding Colorado Springs survival actions, contact our firm and the guidance and support you deserve.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me
Big thanks to Mr. Jake Kimbell and his team for their assistance with my case. He helped me through an incredibly challenging part of my life, and most importantly helped navigate through the convoluted legal channels of my case. I cannot thank him and his team enough for their support.
I never have a problem with getting a response when I need them – which is not the case with most other firms. They really truly care about each client. As a plus, they always have positive attitudes, which matters tremendously when you are in a stressful legal situation.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
Springs Law is very friendly and professional. I always felt that they were on my side and cared about my injury and what I was going through. I highly recommend them.