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While a wrongful death lawsuit is meant to compensate family members for their losses resulting from the death, a survival action is one that the decedent could have brought or continued had they not been killed. The personal representative of the decedent files the survival action, essentially standing in the shoes of the decedent. Damages in a survival action can include the medical costs of treating the deceased before death, the pain and suffering the decedent went through before death and any financial losses they experienced from not working prior to death. Any pending lawsuit the decedent had commenced can also be pursued. Proceeds from a survival action are paid to the decedent’s estate and are distributed to estate beneficiaries. We will counsel you on the availability of this remedy.
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Santa Barbara, CA
Santa Barbara, CA
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