Steps To Take for a Survival Action
If your loved one died after suffering injuries in an accident that was caused by another person’s negligence, you may have the right to pursue a survival action under Florida law. A survival action is a legal action that allows family members of deceased individuals to recover compensation for the harm the deceased suffered while they were alive. For example, a survival action can allow you to recover compensation for the pain and suffering your deceased loved one suffered between the moment of their accident and death. A survival action is different from a wrongful death claim. A wrongful death claim allows you to recover compensation for the harm you have suffered due to your loved one’s death.
Pursuing a survival action can be a complex process. If you recently lost a loved one because of another person’s negligence and are considering pursuing a survival action, it is vital that you understand the steps you can take to ensure you recover the maximum possible compensation. Below, we discuss some of the steps to take for a survival action that can help you make the process easier and recover the compensation you deserve.
#1: Collect Evidence
Gathering evidence is crucial if you are planning to pursue a survival action. You need to gather evidence that can help you prove that your deceased loved one’s injuries were caused by negligence. You need to gather evidence that can help you show the extent of your deceased loved one’s injuries. You also need to gather evidence to help establish the extent of the damages or losses your loved one suffered before they died. Evidence supporting your claim includes medical records, testimonies of treating physicians, witness testimonies, and proof of lost wages.
#2: Identify the Personal Representative of Your Deceased Loved One’s Estate
In Florida, only the personal representative of the deceased person’s estate can file a survival action claim. For this reason, you need to identify the personal representative of your deceased loved one’s estate if you plan to pursue a survival action claim. If your loved one left behind a Will, the personal representative is the person named as executor in the Will. On the other hand, the court will appoint a personal representative if your loved one did not leave a Will.
#3: Retain a Qualified Personal Injury Attorney
In Florida, you are not obligated to hire an attorney to file a survival action claim. However, it is highly advisable that you retain an attorney. An attorney can help you gather the evidence you need to prove your claim. Gathering evidence on your own while you are still mourning the death of your loved one can be a challenge. A skilled personal injury attorney can help you overcome any legal and procedural obstacles that come up during the claims process. For instance, an experienced attorney can help you deal with the at-fault party’s insurance company when they start disputing liability. Additionally, a qualified attorney can help you negotiate with the insurance company and represent you in court if your case proceeds to trial.
Contact Us for Legal Help
If you recently lost a loved one and are considering pursuing a survival action, contact our Tampa personal injury attorneys at The Pendas Law Firm for legal help.
The Pendas Law Firm also represents clients in the Jacksonville, Fort Myers, Fort Lauderdale, Miami, Ocala, Orlando, Naples, Melbourne, Bradenton, Daytona Beach, and West Palm Beach areas.
