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Differentiating Between Wrongful Death Claims And Survival Actions


When you lose a loved one in Florida because of someone else’s negligence, you can file a wrongful death claim. You can also file a survival action if your loved one dies after an accident.

If you’ve recently lost a loved one after they were involved in an accident, you might be feeling that you are entitled to seek compensation. Indeed, if someone else’s negligence caused the accident that your loved one was involved in, you may be entitled to seek compensation. But, which claim between a wrongful death claim and a survival action should you file? To know which claim you need to file, you must understand what a wrongful death claim is and what a survival action is. Additionally, you must understand the difference between the two.

The following is only a brief explanation of the differences between the two claims. For more information on how wrongful death claims and survival actions work in Florida, contact a qualified personal injury attorney.

Wrongful Death Claims Versus Survival Actions

A wrongful death claim is a lawful claim based upon a deceased person’s family members’ claims, whereas a survival action is a legal claim based upon the decedent’s claims.

When a person is involved in an accident, they can file a lawsuit against an at-fault party and receive compensation. Suppose after your loved one’s accident, they initiated a legal claim, only for them to die before the claim had been settled. In that case, you can file a survival action as an extension of the already existing claim. When you file a survival action, you don’t need to prove a link between your loved one’s death and the injury they sustained in the accident.

On the other hand, you can only file a wrongful death claim if the injury your loved one sustained in the accident was the direct cause of their death.

A wrongful death claim allows family members to seek compensation for their loss. This means that the damages collected from a wrongful death claim go directly to family members. The deceased person’s personal representative can file a wrongful death claim on behalf of family members seeking reimbursement for damages such as loss of companionship and loss of income. In contrast, the damages obtained in a survival action go directly to the decedent’s estate and include compensation that the decedent would have been eligible for had they not died. Damages that can be awarded in survival actions include pain and suffering, medical expenses, and loss of income.

Reach Out to an Orlando Personal Injury Lawyer for Help

If you recently lost a loved one after they were involved in an accident and are confused about which claim you need to file between a wrongful death claim and a survival action, consult a qualified attorney immediately. Our Orlando personal injury lawyers at the Pendas Law Firm can advise you accordingly. We understand the devastation that comes with losing a loved one and are willing to take care of your claim’s legal complexities as you focus on healing. Contact us today to schedule a free, no-obligation consultation.

The Pendas Law Firm also represents clients in the Ocala, Daytona Beach, Tampa, Bradenton, Fort Myers, Miami, Jacksonville, Fort Lauderdale, and West Palm Beach areas.

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