Lopez, Severt & Pratt Co., L.P.A.
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What is a survival action?

The expenses associated with an accidental death in Troy can be massive. Sadly, not only do the families of the victims in such cases have to deal with the losses of their loved ones, but they are left to cover these costs, as well. If you find yourself in this situation, you can attest to the fact that the burden often becomes too much, and you may be left with little choice but to seek compensation from the party responsible for your family member or friend's death. Yet which type of claim should you pursue? 

Typically, a wrongful death lawsuit will help to cover the emotional and financial void left by your loved one's loss. The damages that can be recovered from such action include compensation for loss of support as well as intimacy and companionship. Yet what if your family member or friend was injured in an accident, yet suffered through an extensive period of time before dying. During that time, he or she likely accrued enormous medical expenses along with suffering through pain and suffering as well as the loss of his or her livelihood. 

Should your loved one had survived, he or she may have had a cause of action to pursue a liability claim to be compensated for those aforementioned losses. According to Section 2305.21 of the Ohio Revised Code, that cause of action survives his or her death, passing to you or another who serves as his or her personal representative. This survival action, whose compensation would have helped to support your injured loved one, can instead pass to his or her estate to assist his or her beneficiaries. 

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Lopez, Severt & Pratt Co., L.P.A. 18 East Water Street Troy, Ohio 45373 Phone: 937-335-5658 Fax: 937-339-6446 Map & Directions