Losing a loved one is never easy to deal with, and navigating the legal process in the aftermath is often the last thing someone in mourning wants to do. If that loss was due to someone else’s negligence, you may be able to seek justice and receive compensation.
Families in mourning often need guidance in pursuing legal actions against responsible parties, and Thomas J. Ueberschaer, P.A. is happy to help. We can begin with a free consultation that lets you get an idea of what your case is worth without having to pay a cent. Take a closer look at how survival claims and wrongful death cases work in Florida.
Wrongful Death vs. Survival Action
Both wrongful death and survival action are legal pathways grieving families can pursue, but people often do not know which would work better for their circumstances. A wrongful death claim is a claim that is filed against a responsible party if their negligence directly leads to the death of someone else. Meanwhile, a survival action is when someone dies during the process of another case, and their family files for compensation that their family member would have been awarded had they survived.
Wrongful Death Claim
A wrongful death claim is designed to compensate the family who suffered the loss. An example of a wrongful death claim would be someone getting killed in a car accident that a drunk driver caused.
Survival Claim
A survival claim is one in which the surviving family members of someone with pending litigation are awarded the compensation their deceased family member would have received. For example, imagine someone was injured in an accident with a drunk driver but survived. During the process of claiming damages for the accident, the person dies in a construction accident unrelated to the car accident suffered prior. A survival claim would grant compensation from the drunk driving accident to the victim’s surviving family members.
Decision Time: Survival Claim or Wrongful Death Claim?
To determine which avenue to pursue, it is important to recognize the offerings of each. A survival claim will award compensation based on what the deceased suffered when they were alive. A wrongful death claim will award compensation based on how the death affected the deceased’s family. While you can pursue both avenues simultaneously, Florida law only allows you to receive compensation for one or the other and never both. A lawyer can help determine what the best route is for your situation.
Schedule a Free Case Evaluation
Ask Tom Today!Eligibility To File a Survival Claim
To file a survival claim, the claimant must first meet a few requirements, which must be approved by the representative of the deceased’s estate. This is determined by either the will of the deceased or by intestate succession, which is the process that governs the distribution of assets in cases in which the deceased did not have a will. Additionally, you must be able to demonstrate that the deceased suffered damages prior to their death to claim those damages on behalf of their estate.
Understanding Survival Claim Damages
Damages in survival claims can vary quite a bit and include damages suffered by the deceased between the accident and the time of their death. You may have a case for future medical expenses that the deceased would have been subject to if they survived. A lawyer is your best bet for gathering the necessary evidence to calculate and demonstrate these damages correctly.
The Importance of Legal Representation
When you are dealing with grief, the last thing you want to deal with is corporate attorneys who are trying to deny your claim. With a skilled and compassionate attorney by your side, they can fight the battle for you while you focus on being with your family and dealing with the loss.
Why Thomas J. Ueberschaer, P.A.
With Thomas J. Ueberschaer, P.A., you can expect a dedicated and experienced personal injury attorney with decades of experience getting clients the compensation they deserve. We approach each issue with a focus on thorough investigations, expert testimonies and aggressive representation to solidify your financial well-being. We understand that suffering any loss is difficult, so we approach each case compassionately and individually, not just as another case number. Striving for the maximum amount of compensation is how we approach every case.
Our firm is happy to help your family seek justice. Contact us today for a free consultation.
Our legal services are designed to meet your needs so that you don’t have to go through the legal process alone. To get started with your case, call us at 850-741-7381 or fill out our form for a free case assessment.