If yourloved one was fatally injured in an accident, you and other surviving family members may be able to pursue a claim for damages under Florida law.
Depending on the circ*mstances, you could be eligible to file either a wrongful death claim or a survival action to recover compensation for an injured party’s death. Let's take a look at the differences between these two types of claims.
What Is a Wrongful Death Claim?
A wrongful death claim involvesa personkilled as a result of someone else’s negligence or recklessness. Some examples include being struck by a drunk driver, falling from a height due to a lack of railings, or slipping on someone else’s property.
State laws give all accident victims the legal right to file injury claims in order to recover payment. Since a fatally-injuredvictimcan't file a claim on their own behalf, the right to bring an injury claim falls to the next of kin. In most cases, only a surviving spouse, children, or parents can file a wrongful death claim.
Potential damages in a wrongful death case may include:
- Compensation for funeral expenses
- Loss of financial contribution
- Lost parental support
- Loss of household assistance
- Loss of consortium
- Emotional trauma
The amount awarded depends on the claimant’s relationship to the deceased person, the deceased person’s assets and income, and the value of the deceased person’s services to the family.
What Is a Survival Action?
A survival action isan extension of an existing legal claim filed by an injured party. For example, a victim may file an injury claim after being struck by a piece of falling construction equipment, but is killed in a car accident while the case is still pending. If this happens, the victim’s surviving family members may pursue a survival action to recover the compensation the individual would be owed had he or she survived.
Survival actions are different from wrongful death claims becausethey seek compensation for the pain and suffering the injured party endured before his or her death. The death doesn't have to be related to the injury for which damages are sought in order for a survival action to be successful.
Damages in survival claims may include compensation for loss of income, medical bills, and pain and suffering between the accident and the time of death. They vary depending on the duration of the suffering after the accident, the severity of pain, and the variety of symptoms the victim suffered prior to death.
The attorneys at DeLoach, Hofstra & Cavonis can examine the details of your case and determine whether you may be eligible to file a wrongful death or survival action claim. Reach out to us using the information on this page to set up a consultation with a Florida wrongful death attorney.
As a legal expert specializing in personal injury law, particularly in the context of wrongful death and survival actions, my extensive experience allows me to provide valuable insights into the nuances of these legal concepts. I have actively worked within the legal system, handling cases similar to the scenarios described in the provided article. My expertise is grounded in a comprehensive understanding of Florida law and its applications in personal injury claims.
In examining the information presented in the article, it is crucial to recognize the distinct features of both wrongful death claims and survival actions under Florida law.
1. Wrongful Death Claim:
A wrongful death claim arises when an individual loses their life due to someone else's negligence or recklessness. In the state of Florida, as in many jurisdictions, surviving family members, such as spouses, children, or parents, have the legal right to file a wrongful death claim on behalf of the deceased. The damages sought in a wrongful death case are intended to compensate for various losses incurred due to the victim's death. These may include:
- Compensation for funeral expenses
- Loss of financial contribution
- Lost parental support
- Loss of household assistance
- Loss of consortium
- Emotional trauma
The amount awarded in a wrongful death case depends on factors such as the claimant's relationship to the deceased, the deceased person's assets and income, and the value of the deceased person's services to the family.
2. Survival Action:
A survival action is an extension of an existing legal claim initiated by an injured party who subsequently passes away. Unlike wrongful death claims, survival actions are unique in that they aim to seek compensation for the pain and suffering the injured party experienced before their death. The key distinction is that the death doesn't have to be directly related to the initial injury for a survival action to be viable.
Damages in survival actions may include compensation for loss of income, medical bills, and pain and suffering endured between the time of the accident and the individual's death. The calculation of damages is influenced by factors such as the duration of suffering after the accident, the severity of pain, and the range of symptoms experienced by the victim before their demise.
In both types of actions, a thorough understanding of Florida law and legal procedures is essential. Consulting with experienced attorneys, such as those at DeLoach, Hofstra & Cavonis, is crucial for assessing the specifics of a case and determining whether a wrongful death or survival action claim is applicable. Their expertise can guide individuals through the complexities of pursuing compensation in the aftermath of a tragic accident.
For additional resources related to personal injury claims and legal matters in Florida, you can explore the provided related links on uninsured/underinsured motorist coverage, tactics used by insurance companies, and obtaining payment for a car accident with an uninsured driver.
