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West Palm Beach Survivor Rights Lawyer

Experienced Florida Survivor Rights Attorney – Offices in West Palm Beach and Port St. Lucie

Losing a loved one unexpectedly is everyone’s worst nightmare. Such grief and pain is only magnified when the death of that loved one was due to the negligence of another. If you lost a family member in an accident then you may have the legal rights to ensure redress and accountability for the devastating loss.

If you would like to learn more about the rights of surviving family members, our personal injury lawyers at Fetterman & Associates, PA are here to help. We work in West Palm Beach, Port St. Lucie, and other local communities. Feel free to send us a message online or call our team at 561-845-2510 today.

What is a Survival Action?

Under Florida Law, a survival action is a continuation of a legal action associated with a person who is now deceased. In this sense, a survival action does not give rise to new legal claims, but rather is a continuation of the deceased person’s claims. In other words, a survival action is a lawsuit that the deceased person could have brought if he or she were still alive.

Who Can Bring a Survival Action?

A survival action may be brought by a representative of the deceased person’s estate, such as an administrator, executor, or personal representative. This may include one or more members of the deceased person’s family.

In most states, the representative of the deceased person may recover any damages to which the deceased person would have been entitled. In other states, however, damages in a survival action may not include punitive damages or compensation for pain and suffering. Yet in Florida, the damages may include punitive damages so long as the defendant is still alive.

The family members of the deceased person may not benefit directly from a damage award, but will receive compensation according to the distribution of the deceased person’s estate (e.g., according to the deceased person’s will or by intestate succession to heirs of the deceased person).

How Does a Survival Action Differ from a Wrongful Death Claim?

In a wrongful death claim, family members of the deceased person have their own legal right to sue for the loss they have experienced from the death of their loved one. This loss may include loss of support, loss of companionship and affection, and other losses.

A survival action, however, is different from a wrongful death claim because it is viewed as an extension of legal claims belonging to the deceased person. In many states, parties may bring both a wrongful death claim and a survival action at the same time. Florida, however, limits parties to selecting either one type of action or the other.

Contact a West Palm Beach Lawyer for Survival Actions

Be sure to contact an experienced team of attorneys if you have lost a loved one who would have been entitled to relief from injuries he or she suffered. The wrongful death attorneys at Fetterman & Associates, PA have years of experience helping people pursuing survival actions.

We understand the challenges faced by families who have suffered the loss of a loved one and are committed to doing everything in our power to ensure you receive the help and compensation you deserve.

If you have lost a loved one, contact the attorneys at Fetterman & Associates, PA to determine what action can be taken on your behalf.

Do not delay. Contact to us online or call 561-845-2510 today to see how we can help.

Contact Us Now for a Free Consultation

Featured Attorney

Evan Fetterman

Founder and Senior Member of Fetterman & Associates, PA

“I have been a personal injury lawyer for more than forty years in South Florida. My law firm Fetterman & Associates, PA has been helping people deal with insurance companies and injury problems for all that time.”


- Caitlyn H
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Thank you for the best “first accident case” I’ve ever had… I was referred to Fetterman and Associates by a coworker from a previous job I had. Once my car was totaled out, I contacted them. Not only were they friendly and understanding - they took over the whole process which helped me. I was stressed and panicking about it all and thankfully, I didn’t have to worry as the process began. I had no idea what I was doing or going to do. I am glad I chose them because everything was a breeze for me. They are kind, respectful, responsive and great to work with!
Rona C.
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The entire staff in the Fetterman office are available always to help. No matter what time of day I called or left a message I have always received a call back. I was made to feel like one of the family and treated with respect and dignity. The lawsuit was handled quickly, professionally, and with all bases covered. Whenever I had a question or needed help the staff was there to make sure that everything was done accurately. The positive attitude of the entire staff made me comfortable and assured me that all was done accurately.
Ciara B.
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Looking for a good team they are the way to go… I was referred from a family member to seek advice due to my accident. I was contacted back the same day I called over the weekend. I experienced great service from Fetterman and Associates and my lawyer did an awesome job with closing my case. I appreciate what they went beyond to help my case and was very professional. Thank you Mr Cavataro and Sylvia.
- Stacey P.
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Mr. Fetterman and his team were excellent! They listened and cared and fought for me and my family. My son and I were able to get the closure we needed! I would recommend Fetterman and Associates to anyone looking for a great law team!

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