With excellent schools, plentiful amenities, and a mixed urban-suburban feel, Mankato has much to offer to those who live here. Unfortunately, whether you are traveling on Highway 14, Highway 169, or other local roads, visiting one of Mankato’s many parks, or shopping at River Hills Mall or other local businesses, there are many ways to become seriously injured.

Sometimes, the accident is a result of another person’s carelessness, and the injuries are significant enough to cause eventual death. As a skilled wrongful death attorney could explain, in this type of case, a survival action can be used to seek compensation for the financial and psychological costs of the injury that the decedent incurred before death. If your loved one died due to someone else’s negligence, a Mankato survival actions lawyer from Maschka Personal Injury can help you understand your legal options.

What Is a Survival Action?

In many situations, people and entities have a legal responsibility to take reasonable actions to protect others from injury. Examples of reasonable actions include drivers following traffic laws when operating a vehicle on a public roadway, a business owner ensuring that a faulty staircase has been repaired, or even a manufacturer ensuring that the medications they have produced are safe for consumers. Failing to take actions to avoid causing harm can lead to fault if an accident occurs and someone is injured or killed.

In Mankato, a wrongful death action can be filed with the help of a lawyer in order for a decedent’s loved ones to recover compensation for costs related to the decedent’s negligence-caused death. This could include costs such as loss of financial support, companionship, and expenses related to the burial or funeral. If the decedent survived for a time before succumbing to their injuries, a survival action allows a representative of the estate to seek costs related to the injury that the decedent would have been justified in seeking if they had survived, including medical expenses, lost wages, and conscious pain and suffering.

Who Is Eligible to File a Survival Action?

A Mankato survival action may be filed by a wrongful death trustee if:

  • The deceased survived for a time before eventually dying as a result of the accident.
  • The deceased experienced losses that would have entitled them to seek damages through a personal injury claim.
  • The case is within the statute of limitations for this type of claim, which is generally three years after the death occurred or no more than six years after the accident that caused the injury that led to death.

Our legal team can help you understand if a survival action can be filed to recover compensation that your loved one had a right to receive because of their injuries.

How a Lawyer Can Help

In addition to explaining the claims process to family members, survival action lawyers often assist their clients by gathering evidence to support a claim and filing the claim with the defendant’s insurance company. They may also engage in settlement negotiations on behalf of the wrongful death trustee, or even present the case and fight for compensation in court.

Contact a Mankato Lawyer For Help With a Survival Action Today

Accidents in and around Mankato can produce serious and even deadly injuries. In some cases, a survival action can be used to cover the financial and psychological costs that the decedent experienced in the interval between the injury and the death.

A Mankato survival actions lawyer can help a family understand their legal options during this difficult time. For more information, contact the legal team at Maschka Personal Injury. We would be happy to schedule a consultation at your convenience.