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Survival Actions Checklist

Steps After Losing a Loved One

Nothing matters more than your family right now. If and when you are ready, here are some steps that can protect a survival action and any wrongful death claim, offered gently.

  1. Care for your family first

    Your family's wellbeing comes before anything legal. There is no rush to think about the rest, and support is available to you.

  2. Keep the medical and financial records

    As you are able, keep your loved one's medical records and bills for the injury, and records of income and losses. These help establish what the estate can recover.

  3. Note what happened

    Keep any information about how the injury or death occurred and who may be responsible. You do not have to investigate — just hold on to what you have.

  4. Ask about the estate

    A survival action is brought through the estate. If none has been opened, that is okay — a lawyer can help identify the right person to bring the claim.

  5. Talk to someone about the deadlines

    Because survival and wrongful death deadlines can differ, a free, confidential conversation can confirm them and protect both claims, whenever you are ready.

The deadlines and rules depend on your state

The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to survival actions.

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This is general information, not legal advice. Every situation is different, and the law differs by state.