Survivorship claims and wrongful death claims often go hand-in-hand. If you are looking to file a wrongful death claim, you may also be eligible to file a survivorship claim. If you have never heard of this term before, you may have many questions about it. Here are a few of the questions you may have about a survivorship claim and its relation to a wrongful death claim.
What Exactly is a Survivorship Claim?
In many cases, a loved one may not pass away immediately after the accident. They may be transported to the hospital where they may receive emergency care. They may leave a few hours, days, weeks or even months following the accident. During this time, they may be unable to work and they may have medical bills that they are incurring. A survivorship claim is a claim that helps you, the surviving spouse, child or parent, pay for these expenses. Most wrongful death claims do not cover the expenses incurred prior to death.
What Expenses Can You Be Awarded Money For When Filing a Survivorship Claim?
You can be awarded money for medical expenses, ambulance bills, lost wages and pain and suffering that your loved one experienced after their accident but before their death. For example, if they were injured in a car accident and were hospitalized for two weeks before succumbing to their injuries, you will be able to file a survivorship claim that includes the amount of all of their medical bills, two weeks worth of wages and possibly pain and suffering.
Can You File a Survivorship Claim and Wrongful Death Claim at the Same Time?
Yes, you can file both a survivorship claim and a wrongful death claim at the same time. These claims are typically filed at the same time, joined together and tried together. It is extremely rare that a judge will separate the two claims and have them heard separately.
If your loved one has passed away and you believe someone else is responsible for their injuries, you may be eligible to file a wrongful death claim. If your loved one did not die immediately and incured expenses as a result of their injuries before passing, you may also be able to file a survivorship claim. If you are in this position, consult with a wrongful death attorney. They can help you determine if you can file either type of claim, let you know about the statute of limitations for your case, and help you with the case if you decide to hire the attorney. Visit a site like http://www.injuryattorneylafayettein.com/ for more help.