After a loved one’s death, there are a lot of things to take care of when settling their estate. Survival actions, or legal cases begun before their death that you choose to continue in an effort to ensure they get the compensation they deserve, are one of the more challenging elements. A Rolla survival actions lawyer could help you proceed, determining whether you have the right to file a survival action and helping the deceased’s estate seek compensation. AW Smith Law’s compassionate wrongful death attorneys understand the pain you are going through and are available to offer the support you need to get through this challenging time.
Survival actions are filed after the death of an individual when they die for reasons unrelated to a claim before it can be concluded. Most of the time, the deceased had already begun the claim before their death, and their estate simply needs to continue the action after their passing. However, a survival action may involve filing a lawsuit for damages that the deceased did not have the chance to pursue before their death.
Survival actions aim to provide the deceased’s estate with compensation for events that occurred before their death and the challenges they faced as a result. While it does not provide direct compensation to the family, a survival action claim pays out to the estate, meaning any debts or obligations must be paid before the family recovers funds. A survival actions attorney could help Rolla families understand what steps must be taken before they can receive compensation for their loved one’s damages.
In a wrongful death claim, the family of the deceased has the right to file a claim for compensation against the party responsible for their death. These settlements provide compensation directly to the family for their financial and non-financial losses related to the incident.
In wrongful death claims, the deceased must have died as a result of injuries caused by an accident. Survival actions, on the other hand, generally involve an accident that occurred before the deceased’s death and did not directly contribute to their loss.
You cannot file both a survival action and a wrongful death claim for the same incident.
The compensation available in a survival action is the same as what the deceased could have recovered if they had completed the claim before their death. This includes the cost of any medical expenses they faced because of an accident, the cost of any wages they lost as a result of their injuries, and their pain and suffering.
A survival actions attorney at AW Smith Law could help Rolla families review their loved one’s losses and discuss the compensation they should expect as part of a claim.
If your loved one was in the middle of a lawsuit when they died, their estate might have the right to continue their claim and recover the compensation they deserved. The executor of the estate has the right to continue a pre-death lawsuit, but others with direct interests in the estate can do so as well. Working with a Rolla survival actions lawyer at AW Smith Law could help you learn more about how to navigate the complex claim process. Contact us today to discuss your next steps.
© The A.W. Smith Law Firm, P.C. 2025. All rights reserved.
