Understanding Wrongful Death Versus Survival Action Claims in Florida

When someone dies because of another person’s negligence or intentional act, Florida law provides two distinct legal remedies for the family and estate. These are wrongful death claims and survival action claims. While both arise from the same fatal incident, they serve different purposes and compensate different parties. Our friends at The Andres Lopez Law Firm discuss how understanding these differences helps families pursue all available compensation after losing a loved one. Working with a wrongful death lawyer can help you determine which claims apply to your situation.

What Is A Wrongful Death Claim

A wrongful death claim compensates the surviving family members for their losses. This legal action focuses on how the death has impacted the people left behind. Florida’s Wrongful Death Act governs these cases and specifies who can recover damages. Only certain family members can receive compensation through a wrongful death claim:

• Surviving spouse

• Children of the deceased

• Parents (if no spouse or children exist)

• Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased

The damages available in wrongful death cases address the family’s losses. These include lost financial support, loss of companionship, mental pain and suffering, and funeral expenses. A surviving spouse might recover for loss of protection and guidance. Minor children can seek compensation for lost parental companionship and instruction.

How Survival Actions Work Differently

A survival action represents the deceased person’s own claim. Think of it this way: if your loved one had survived the incident, they could have filed a personal injury lawsuit. A survival action allows the estate to pursue that same claim on behalf of the deceased. The personal representative of the estate brings this action. Any damages recovered become part of the estate and are distributed according to the will or Florida intestacy laws. Survival actions compensate for what the deceased person experienced before death. This includes medical bills from treatment, lost wages during the time between injury and death, and pain and suffering the victim endured. The claim can also seek compensation for property damage that occurred during the incident.

Key Differences Between The Two Claims

The fundamental distinction comes down to whose losses are being addressed. Wrongful death claims compensate survivors for their own losses moving forward. Survival actions compensate the deceased for what they experienced and lost. The timing of damages matters too. Wrongful death looks at future losses like years of missed financial support or companionship. Survival actions focus on past losses from the injury until death occurred. Different parties bring each claim. The personal representative of the estate files both actions, but wrongful death proceeds benefit specific family members, while survival action proceeds go to the estate.

Why Both Claims Often Get Filed Together

In many fatal accident cases, families pursue both claims simultaneously. This approach ensures full compensation for all losses stemming from the death. The claims complement each other rather than overlap. For example, if a truck accident kills a parent, the wrongful death claim might seek damages for lost financial support to the children over the next 15 years. The survival action would separately claim the medical bills from emergency treatment and the pain suffered during the victim’s final hours. Florida law allows both claims because they address genuinely different harms. One compensates the living for ongoing losses. The other vindicates the deceased person’s own right to compensation for what they endured.

Moving Forward After A Fatal Accident

Losing a family member to someone else’s negligence creates overwhelming emotional and financial burdens. Understanding your legal options helps you make informed decisions about seeking justice and compensation. Both wrongful death and survival actions serve important purposes in holding responsible parties accountable and providing financial stability for those left behind. If your family has lost someone due to another party’s actions, speaking with an attorney who handles these cases can clarify which claims apply and what compensation you might pursue. Taking action protects your family’s rights and future.