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Frequently Asked Questions
Q: What is a"Survival Action"?
A: A survival action is brought for the benefit of the Estate, and includes any damages that the decedent could have sought had he or she not died. Therefore, you still need to prove negligence, recklessness or intentional conduct.
The following damages can be obtained in a survival action:
1) medical bills incurred in the accident;
2) pain and suffering incurred before death; and
3) possibly punitive damages if the at-fault party was reckless or acted intentionally.
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The Derrick Law Firm
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1019 Hwy 17 South,
North Myrtle Beach, SC 29582
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