Survival Actions in Cherry HillRequest a Free Consultation
There are many moving parts to a wrongful death and survival action claim. Such cases involve dealing with the unexpected death of a loved one. A compassionate wrongful death lawyer may know the best way to help you and your family in the wake of such a tragedy and help you to move forward with survival actions in Cherry Hill. Contact a New Jersey personal injury attorney today to help build your case and honor your loved one’s memory.
Difference Between A Wrongful Death and Survival Actions
A wrongful death action is brought on behalf of the family members who have been damaged as a result of the wrongful death of their loved one. The survival action is brought on behalf of the deceased’s estate, which pertains to the pain or suffering the deceased may have gone through that lead to a wrongful death.
Who is the Representative of an Estate if There is No Will Left?
If someone dies without a will or dies intestate, the estate would go to whatever the intestacy statute is in that state. If the person was in Cherry Hill, the state may look at the statute and base the appointment of an administrator on whoever is deemed appropriate.
This is altered based upon the individual’s situation. For example, if the person is married, it would be their spouse. If the spouse is deceased or was not present in their life, it may be their children.
Establishing Liability in Survival Actions
Through the discovery process, the first thing that may occur is the interrogatories, which are questions given to each party to answer prior to trial. This process refers to the time in which both parties exchange evidence and information that could be used in a trial. The attorney may send interrogatories to the defendants and ask specific questions, in which they may utilize the answers and take depositions from witnesses.
Those depositions and interrogatories could be used to prove liability depending on what the responses are. The attorney may also want to go a step further and hire liability experts in the form of engineers or accident reconstruction experts to prove liability. Each case is different, which is why the discovery period is so imperative in proving liability for a wrongful death.
If the attorney is able to effectively establish liability, the defendants may stipulate the liability. If a defendant stipulates liability, it means that they agree that the cause of a wrongful death may have been due to them. A driven attorney could work to establish a strong sense of liability in survival actions in Cherry Hill and work to demonstrate the cause of death could be at the hands of the defendant.
Consulting a Cherry Hill Wrongful Death Attorney
What a caring attorney may do is make sure that the person’s rights are being protected. To do this, they may ensure that survival actions in Cherry Hill are being filed appropriately and timely, and that evidence is gathered and protected.
In terms of liability, a wrongful death lawyer may want to make sure relevant experts have been hired to help with explaining damages, both economic and non-economic, to the court. Get in contact with an attorney who could fight tirelessly for both you and your loved one’s rights.