The damages present in Tampa survival actions are complex. Somebody’s damages in a survival claim are not normal, general, or something that lawyers would know if they do not have experience in wrongful death cases that deal with survival actions. For example, some lawyers that do not deal with wrongful death cases may commonly forget to ask for the medical bills or any pain and suffering in the case. Additionally, some lawyers may not ask for the funeral costs or things associated with the funeral.
That is all reimbursable by the at-fault party, and may be pursued in a Tampa survival action claim. A seasoned lawyer is going to know what is commonly collectible in wrongful death cases in addition to the loss of consortium and loss of future income for the decedent party’s family. They can use these elements to help pursue damages in your Tampa survival action claim.
Monetary damages in Tampa survival action claims are the medical bills that were incurred while the person was treated prior to their death as well as any loss of income that they may have had.
Pain and Suffering
Conscious pain and suffering is calculated in the same way as a regular personal injury case. If the person is in a coma and cannot feel any pain then that does not factor into a survival action. If they are awake and alert for a week while they are in pain, that is taken into account.
That is why, in the survivor cases, a person can collect the medical bills and the pain and suffering if they did live for some time prior to passing away. These damages can be pursued by an experienced attorney in a Tampa survival action.
Obtaining Compensation for Another’s Pain and Suffering
The estate stands in the shoes of the decedent, so if the decedent suffered some pain, injuries, or medical bills, then that is something that would have been part of their estate had they been alive to collect to that amount.
Therefore, when the decedent passes away, their estate is still entitled to that amount of money—that pain and suffering, medical bills, and loss of income that they suffered for that time that they were alive—because the estate stands in place for the person.
The way the law sees it is the estate is looked at as the decedent as if they were alive today, so they stand in the place of the decedent and are able to collect that amount of money on the decedent’s behalf in a Tampa survival action.
Common Medical Bills
The common medical bills that accompany survival actions are nursing homes, rehab facilitations, or hospital bills. Usually, that is where the decedent is during their final days. If a car accident happens and the individual has to have multiple surgeries while in a hospital but eventually passes away, then all of those medical bills and hospital bills will be part of the survival claim.
They are considered an economic damage because they are bills racked up by the decedent that are going to be taken out of the estate. If somebody has got an estate of $100,000 and they have got $100,000 in medical bills, they are going to have to pay those medical bills out of the estate. This is why the estate can stand in the shoes of the decedent party and collect that $100,000 from the at-fault party. Such damages can be collected as part of an individual’s survival action claim in Tampa.