Should I Choose a Survival Action or a Wrongful Death Claim?
Losing a loved one is tragic and devastating. The situation is even worse if someone else’s negligence caused the death. In Florida, when a loved one dies because of another person’s negligence, surviving family members can take legal action against the negligent party and seek justice and compensation for the harm caused. In Florida, family members can file a survival action or a wrongful death claim after a loved one dies because of another person’s negligence. These are two different types of claims that confuse many people, and sometimes it is unclear which legal remedy family members should choose.
Survival Action vs. Wrongful Death Claim
A survival action is an extension of an existing legal claim your deceased loved one filed. According to Florida Statute 46.021, when a person dies, the legal claim they had filed does not die with them. The law states that causes of action survive and can be initiated, defended, and prosecuted in the deceased individual’s name. If your loved one filed a personal injury claim after suffering an injury but died while the case was still pending, you can pursue a survival action to recover the compensation your loved one would be owed if they had survived. Survival actions are based on the damages the deceased person suffered while alive.
A wrongful death claim is a claim that surviving family members file after the death of a loved one. A wrongful death claim considers the impact of the individual’s death on the family. This claim allows you to recover compensation for the harm you and your family have suffered due to your loved one’s death. The following are some of the damages you can recover in a Florida wrongful death claim;
- Compensation for funeral expenses
- Loss of financial earnings
- Emotional suffering
- Loss of consortium
- Loss of household assistance
- Loss of parental support
Should You Choose a Survival Action or a Wrongful Death Claim?
In Florida, you can pursue a survival action and wrongful death claim for the same incident. However, you cannot recover damages in a survival action and wrongful death claim for the same accident. While you may be allowed to file a survival action and wrongful death claim, you will need to choose one remedy in the end.
Deciding whether to choose a survival action or a wrongful death claim can be confusing. It is best to consult a qualified personal injury attorney and let them advise you. However, choosing the wrongful death remedy may make more sense if your loved one died soon after the accident. On the other hand, if they survived for quite a long time after the accident, it may make sense to elect the survival action remedy.
Contact Us for Legal Help
If you have recently lost a loved one, contact our Jacksonville personal injury attorneys at The Pendas Law Firm. You need to juggle many considerations when seeking justice for your loved one’s death. We can assess your case and advise you on what is best for you and your family.
The Pendas Law Firm also represents clients in the Tampa, Fort Myers, Fort Lauderdale, Ocala, Orlando, Miami, Naples, Melbourne, Bradenton, Daytona Beach, and West Palm Beach areas.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0046/Sections/0046.021.html
