Sandy Springs Survival Action Lawyer

When you love someone, you never want to witness them suffer. This is especially true when the inconsiderate choices of another individual or company bring about their pain. It is uniquely devastating to see your loved one endure life-threatening injuries in an accident caused by someone else’s careless or reckless actions. An accident that, in many situations, was preventable.

Some families are left with difficult decisions when medical professionals inform them that their loved one will likely not survive, or if they do, they may not ever be conscious again.

If you are an heir or representative of an estate who has been traumatized by seeing your loved one go through painful final moments, a Sandy Springs survival action lawyer could help you pursue compensation on behalf of your beloved. Call The Hammers Firm today to speak with one of our compassionate wrongful death attorneys about your current circumstances and possible legal options.

Survival Action: A Viable Legal Remedy

A survival action is a legal solution that blurs the lines between estate and tort law. Estate law because, according to Georgia Code Annotated § 51-4-2, only a person’s heir or court-appointed representatives can bring a survival action on behalf of the state.

An heir usually refers to a person’s surviving children, typically the oldest child having the first right. An estate is a combination of a deceased person’s personal and real property assets administered by an executor in accordance with a last will or trust.

A survival action is a tort claim under the category of personal injury because O.C.G.A § 51-4-2 allows a claimant to file a lawsuit for harm to an individual’s body, reputation, and health when such an individual cannot bring such a suit because of death. Legal remedy is designed to provide members of a decedent’s surviving estate the right to sue the at-fault person for harm to them occurring from the moment their loved one was injured up until the moment they are laid to rest. Decedent is a legal term used to refer to someone who has passed away.

A Sandy Springs survival claim attorney could help you efficiently exercise your legal rights following the untimely passing of a loved one.

How A Lawyer Could Help

A capable survival action lawyer in Sandy Springs could help surviving family members or an estate representative navigate the complexities of the legal process in numerous ways. Our diligent legal professionals could use their expertise in survival action claims to immediately file the case and walk representatives through the case process. Prior to filing, they could meet with the surviving family members to gather their statements and provide initial advice.

Before the action is brought, a proactive attorney will work to secure the evidence needed to prove another person’s negligence caused the injury-related harm to the representatives. Negligence is when someone behaves in an especially reckless or careless way without regard for the impacts it could have on others.

Our skilled team of lawyers at The Hammers Firm could gather witnesses, experts, and investigators to establish that someone else is more than 50 percent liable for the harm to your family’s estate. After proving another person’s fault, they can then help you put together a comprehensive claim listing the damages you and your family suffered.

Restrictions on Damages in Survival Action Claims

The members of the estate who recruit an attorney to file their claim can only ask for monetary reimbursement to cover a specific time frame. This time frame is for financial and emotional pain experienced from the date the accident that caused their loved one’s injuries occurred to the date their loved one passed away. As such, future or anticipated damages are not typically awarded in these types of cases.

Types of damages an attorney could help family members or estate representatives ask for in a survival claim are:

  • Lost income
  • Mental distress
  • Emotional anguish
  • Cremation expenses
  • Cost of medical treatment
  • Funeral and burial expenses
  • At-home health services provided

The damage process can be very tedious. Having the help of a dedicated Sandy Springs survival action attorney could help speed up the final court judgment.

Speak With a Sandy Springs Survival Action Attorney Now

Sometimes, the ordeal of seeing a relative hurt before their unfortunate death could go on for months or years. Along with the unsurmountable emotional pain comes financial hardships.

If you are a representative of your loved one’s estate, a Sandy Springs survival action lawyer could help you seek monetary compensation for your and your family’s financial hardships.

Contact The Hammers Firm today to schedule an initial consultation and discuss your case in further detail with one of our seasoned legal professionals.