A derivative action can coincide with a wrongful death claim and can proceed once an estate is established for the deceased party. Wrongful death actions and survivor’s actions are companion cases, and they are normally settled together at the same time.
A Tampa wrongful death lawyer understands that filing a claim and seeking damages can be stressful after the loss of a loved one. Anyone who wants to learn more about the survival action claims process should contact an experienced wrongful death lawyer right away.
Survival Action Process
A survival action claim in Tampa begins with a process of identifying the loss that survivors have experienced and quantifying those losses to demonstrate their value. Those causes of action are presented to an adjuster, a jury, or a judge in order to determine the actual value of the derivative claims.
For a claim of negligence, a plaintiff’s lawyer will work to establish that the defendant had a duty to protect the victim, that they breached that duty, and that breach was the actual and proximate cause of the injuries that caused the death. Once liability has been established, the attorney will work to prove the damages they have assigned to the case.
Following the Establishment of Liability
Establishing and proving damages often takes more work than establishing liability. It is a process of evaluating and proving the economic loss that has resulted from the death of the victim. Evidence used to calculate damages can include medical bills, tax returns, pay stubs, employment files, school files, and information about the victim’s family such as their marital status and the number of children they had.
This is a very complex and personal calculation, and it is not something that can be done with a formula. Every life is different, as are the needs of the survivors, so each wrongful death claim must be tailored to meet those individual needs.
Settling the Negotiation
Deciding when to settle and when to litigate is a matter of discussion between the parties involved in the case, including the potential defendants. Sometimes a person can settle derivative claims with attorneys and/or adjusters, without the need for litigation.
A well-prepared lawyer that has done their homework, so to speak, will have a better chance of convincing the defendant to settle a claim quickly. They can highlight the evidence and the costs associated with defending the claim, and if the defendant recognizes that the attorney has a good case, they will usually want to avoid taking the case to court.
Help from an Attorney
It is important for the survivors to maintain communication with the lawyer and to provide as much information as possible about the role the deceased person played in their lives, both economically and cherished member of the family.
A skilled and compassionate wrongful death lawyer works to take the burden off of the surviving family members, who are experiencing grief and adjusting to a new life without their loved one. An attorney can make sure that all of the documentation is handled and all of the legal requirements are satisfied to help ease the stress that follows a wrongful death.