Survival Actions in Colorado Personal Injury Cases

Did you lose a loved one due to someone else’s negligence or a wrongful act? If so, know that in certain circumstances, you could potentially seek justice on their behalf.

People can generally seek justice and compensation through Denver personal injury lawsuit if someone else causes them harm. But what happens if someone close to you dies from their injuries before they can take legal action? Your loved one still deserves justice, and the party who hurt them should still be held accountable for their actions. The answer is a survival action, which allows an injury victim’s estate to pursue a lawsuit after they have died.

If you’re interested in filing a survival action on your loved one’s behalf, Larson Larimer Schneider Law Firm is ready to help. We’ve handled more than 45,000 cases over the last 45 years and have secured tens of millions of dollars on our clients’ behalf. And with more than two dozen attorneys and 90 staff members, we have the resources to take on even the biggest cases. Contact us today to discuss your options with an experienced Colorado survival actions attorney at no cost to you.

What is a Survival Action?

A survival action is a type of personal injury lawsuit filed to recover compensation for the injuries someone suffered before they died. Essentially, it is a way for the deceased’s estate to bring or continue a lawsuit because the deceased cannot do so themselves. Any compensation that is recovered goes to the deceased’s estate. This compensation can then be distributed to the deceased’s heirs as established in their will or Colorado’s intestate laws.

For example, suppose someone is badly injured in a car accident caused by a drunk driver and subsequently succumbs to their injuries a week later. After that person has died, the personal representative of their estate can file a survival action to seek compensation for the injuries and related losses the deceased suffered between the time of the accident and their death.

What is the Difference Between a Survival Action and a Wrongful Death Claim?

Both survival actions and wrongful death claims are filed after someone has died as the result of another party’s negligence, but there are key differences between these two kinds of legal actions. A survival action is brought by the deceased’s estate to recover compensation for the injuries and losses the deceased suffered before they died. By contrast, a wrongful death claim is brought by the deceased’s surviving family members to recover compensation for the losses they have personally suffered due to the deceased’s death.

While there are differences between survival actions and wrongful death claims, it is important to remember that these two kinds of lawsuits are not mutually exclusive. If someone in your family died due to the negligent actions of another party, you might be entitled to file a wrongful death claim against the negligent party at the same time as your deceased loved one’s estate files a survival action against them.