Wrongful Death Lawyers Serving Savannah, Georgia

What You Need to Know About Wrongful Death Actions & Survival Claims

If your loved one is the victim of accidental or intentional actions of an individual, business, public entity or other that results in fatal injuries, you may be able to pursue a wrongful death action. This will typically consist of two distinct legal claims. The two claims generally are brought together in a wrongful death action include a survival claim and a wrongful death claim.

What is a Survival Claim?

The action designated as a “survival claim” is essentially a recognition that an accident victim has rights to recovery even after their death. The purpose of the survival claim is to provide compensation to an injury victim that the victim would have been entitled to had he or she survived.

A survival action is brought by the personal representative of the estate. Damages that may be available in a survival action include pre-death pain and suffering (presuming death was not instantaneous), pre-death loss of enjoyment of life experience as well as pre-death economic loss including lost income and medical costs.

What is a Wrongful Death Claim?

Wrongful death claims are brought on behalf of the deceased’s family by the personal representative of the estate. A wrongful death claim is designed to compensate the family of a wrongful death accident victim for their personal loss resulting from the death of a loved one. Family members may seek compensation for both economic and non-economic loss. Economic losses that may be compensated include loss of financial support, inheritance, services and funeral/burial costs.

Family members may also seek compensation for non-economic loss including mental distress, loss of emotional support and guidance and loss of consortium (i.e. companionship and services).

Giving Grieving Families a Voice

Our experienced Savannah wrongful death attorneys at Montlick have been representing the families of those whose lives are cut short because of negligent, reckless and intentional misconduct since 1984.

Because we have been handling Savannah wrongful death claims for decades, we are intimately familiar with the tactics and strategies that insurance carriers use to avoid liability in wrongful death actions. It is a common strategy of insurance carriers to promptly initiate an investigation seeking to shift the blame to the victim of the wrongful act.

Our dedicated Savannah wrongful death lawyers understand the importance of conducting a careful and appropriate investigation to prevent the at-fault party from  victimizing your family a second time. We are committed to providing a voice on behalf of our wrongful death clients and their families.