Following a serious accident that results in someone’s premature death, the surviving family members may have a right to seek compensation for their losses. This kind of suit would pursue payment for hospital bills and personal hardship that a family suffered after a person is deceased. At the same time, it may also be possible to recover for losses the decedent experienced between when their accident occurred and when they passed away.

This type of claim is called a survival action, and it can be difficult to handle one without guidance from a wrongful death attorney who has experience handling cases like yours successfully. With the support of a Bellevue survival actions lawyer like Chong Ye, it will be easier for you to request compensation for every bit of harm that someone else caused you.

How Survival Actions Differ from Wrongful Death Claims

A wrongful death claim is meant to compensate a decedent’s family members for losses they have suffered and will continue to suffer in the future due to their tragic loss. Meanwhile, a survival action is more like a personal injury claim the decedent could have pursued if the accident in question had not lead to their death. Thus, a survival action addresses any damages a person suffered from an accident prior to their death.

As per Revised Code of Washington §§ 4.20.046 and 4.20.060, a decedent’s estate representative can file a survival action for economic damages the decedent suffered, such as medical expenses for emergency care, lost work income, personal property damage, and any income they were expected to make in the future. Any compensation awarded for these losses would be paid to the decedent’s estate.

Any compensation recovered through a survival action for non-economic forms of harm—which are losses that do not have a set dollar value—would be distributed to the decedent’s beneficiaries. A Bellevue survival actions attorney at the Ye Law Firm can explain how these types of claims work during a free, in person or remote consultation.

Time Limits for Filing Survival Actions

The filing deadlines for survival actions are the same deadlines that would apply if the decedent had survived their accident. This means that the three-year filing period established under RCW § 4.16.080 for the majority of personal injury claims also applies to survival actions.

Unlike wrongful death cases, where the filing period does not begin until a person’s date of death, the filing period for survival actions begins on the date of the accident. Considering this strict timeline, contacting a survival action lawyer in Bellevue sooner rather than later is important to protect your right to financial compensation.

Speak with a Bellevue Survival Actions Attorney About Your Legal Options

Survival actions often proceed at the same time as wrongful death claims, and they can be crucial to ensuring fair and complete financial recovery for every form of harm a fatal accident caused. However, pursuing a claim without knowledgeable legal representation can substantially decrease your odds of securing the compensation that you and your family deserve.

An experienced Bellevue survival actions lawyer at The Ye Law Firm such as Chong Ye can be a dependable ally from the beginning to end of your legal proceedings. Call today to schedule your free, in person or remote, initial meeting.