Legal Question in Personal Injury in Florida

personal injury suit if father dies

my father was involved in an auto accident that was not his fault and resulted in broken legs. He is sick and I fear he may pass away from an illness not caused by the accident. What would happen to his case if he were to pass away. I am his only son


Asked on 5/11/08, 9:21 am

4 Answers from Attorneys

Jason Turchin Accident Victims Rights Attorney Jason Turchin, Esq

Re: personal injury suit if father dies

There are several issues to consider. Have either of you talked to the other insurance company yet? Do you know if he has a will?

I'd be happy to go over this more in detail.

[email protected] or 800.655.4529

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Answered on 5/11/08, 10:09 am
David Slater David P. Slater, Esq.

Re: personal injury suit if father dies

That is a question for his attorney.

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Answered on 5/11/08, 11:10 am
Alan Wagner Wagner McLaughlin, P.A.

Re: personal injury suit if father dies

His claim would survive his death. It is, in fact, called a survival claim. The damages recoverable when death is from something other than the car accident are his medical bills and lost earnings plus his pain and suffering caused by the accident.

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Answered on 5/11/08, 2:12 pm
Leonard Haberman Aronberg & Aronberg

Re: personal injury suit if father dies

Dear Sir:

If he dies, you would have the abiliity to continue his claim. This is called a survival action. Of course, any pain/suffering compensation to which he would be entitled would only be until the date of his passing.

I am an attorney who handles cases such as these. Feel free to email me and we can go over it together.

Take care,

Lenny Habermanb

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Answered on 5/12/08, 9:31 am


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