Wrongful Death vs Survival Action in Florida Personal Injury Cases

Anyone who loses a member of their family can expect to feel many unpleasant emotions such as grief and even anger. There is no legal action in the world that can lessen your hurt and pain. However, by pursuing a survival action, you can solicit equity for the damages your family member endured while before they passed away.

It is common for family members in this situation to be unsure which legal claim is most suited to them or how they obtain proof that someone else was responsible for their loved one’s passing.

Survival Action vs. Wrongful Death

Oftentimes, surviving family members find themselves frustrated by the various legal claims available to them following the death of a loved one. Especially, if they do not understand the difference between a survival action and a wrongful death claim.  

Survival Action

A survival action enables a family to proceed with a claim the deceased could have filed while they were still alive. According to the Florida survival law, “No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.”

In plain English, a survival action solicits financial compensation for the damages the deceased sustained.

Dissimilar from a claim of wrongful death, it does not take into account the effect of the family member’s passing on the rest of the family. Its damages hinge on the suffering of the deceased while they were alive.

Wrongful Death Claim

A claim of wrongful death solicits financial compensation for the damages that family members endured that were caused by the death of their loved one. This can include emotional trauma, loss of income, or any other losses the family has sustained. 

Which One is Best for My Family?

The law in Florida does not permit an estate to collect compensation for a survival action and a wrongful death for a single injury. However, the civil courts will let you file both actions and then choose the one that works for you.

Determining whether or not your family member’s circumstances meet the guidelines for filing a survival action is complicated. An experienced attorney will be able to help you assess the situation, collect any necessary details, and follow the action that provides you and your family with the compensation you are seeking.

As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim. 

Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.

If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.