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
4 Answers from Attorneys
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.
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Re: personal injury suit if father dies
That is a question for his attorney.
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.
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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