What Is the Survival Action Statute in Georgia?

What Is the Survival Action Statute in Georgia?

Georgia’s survival action statute allows the estate of a deceased person to pursue legal claims that the deceased could have filed if they were still alive. It ensures these claims “survive” the deceased and benefit their estate. This means the estate can seek compensation from the party that caused the accident that led to the death. They can pursue money for the deceased’s medical bills, pain and suffering, and other personal and financial losses the deceased experienced before their death.

What Is the Difference Between a Wrongful Death Lawsuit and a Survival Action?

Filing a wrongful death lawsuit involves seeking compensation for the losses that the deceased’s family members suffer due to their loved one’s death. These losses include lost income, loss of companionship, and funeral expenses. In Georgia, surviving family members file wrongful death lawsuits directly.

A survival action focuses on the losses the deceased suffered before their death. Only the estate of the deceased can file a survival action. Compensation from a survival action can include money for medical bills, pain and suffering, and lost wages that the deceased would have claimed if they had survived. This compensation goes to the deceased’s estate rather than directly to the heirs.

Types of Compensation Available in Survival Actions

When the estate of a deceased person files a survival action in Georgia, it might be able to recover monetary compensation for:

• Medical Expenses: The cost of any final medical treatment the deceased received before their death. This includes hospital bills, surgery expenses, medication costs, and the costs of any other medical care necessary due to the incident that caused the injury.
• Lost Wages: The income the deceased lost from the time of injury until their death. This covers wages and any other earnings they missed because they couldn’t work due to their injuries.
• Pain and Suffering: The subjective costs of the physical pain and emotional distress the deceased experienced from the time of injury until their death.
• Funeral and Burial Costs: Expenses for the deceased’s funeral and burial. This includes the costs of funeral home services, burial plots, caskets, and other related items or services.

How a Lawyer Can Help with Your Survival Action

Dealing with a survival action in Georgia can be challenging, especially when you’re already grieving the loss of a loved one. Having an experienced lawyer by your side can make a significant difference in the outcome of your case. They can help you by:

• Investigating the circumstances of the deceased’s injury and death
• Gathering and preserving crucial evidence for your case
• Filing all necessary legal documents on time
• Calculating the total value of your case to seek fair compensation
• Negotiating with insurance companies on your behalf
• Representing you in court hearings and trials
• Handling all communication with the opposing side
• Complying with all legal requirements and deadlines

Contact a Georgia Survival Action Attorney Now

If you need assistance with a survival action in Georgia, contact Kaufman Injury Law today. Our experienced lawyers can help you understand your options, and we’ll fight for the compensation you deserve. Contact us for a free initial consultation and take the first step toward justice.