What Are Survival Actions vs. Wrongful Death Claims in Florida?

If your family lost a loved one due to someone else’s negligence, the personal injury damages they could have sued to recover survive their demise. Your family could receive these damages in a survival action. However, wrongful death damages compensate specific family members for the financial expenses and losses they experience after a loved one dies due to someone else’s negligence. 

Your family could be entitled to both types of damages. A Miami wrongful death lawyercan help you understand the differences between survival actions and wrongful death claims in Florida. They will listen to your story with compassion and kindness and represent you with fervor and respect. The initial review of your claim is free—no cost or obligation—and the first step to financial recovery.

Your Loved One’s Personal Injury Rights Survives Their Death

Anyone injured in a negligence-based accident can seek financial compensation from the person or entity who caused the accident. According to Florida Statutes § 46.021, a decedent’s right to monetary recovery does not expire upon their demise. 

Recoverable damages for a survival action include:

• Medical bills
• Lost income
• Property damage
• Property loss
• Pain and suffering
• Loss of enjoyment of life

The decedent’s family members can file a survival action to recover the damages their loved one would have been entitled to receive had they survived to file a personal injury claim.

Your Family Could Be Entitled to Wrongful Death Compensation in Florida

Nothing can atone for the loss of a loved one. A sudden loss can lead to financial upheaval that can become insurmountable. However, your family can recover wrongful death damages if your loss was the result of negligence:

• Funeral, burial, and cremation expenses
• Loss of your loved one’s financial support
• Loss of their domestic contributions 
• Loss of consortium and companionship
• Loss of guidance, advice, and society

You can maximize your family’s financial recovery by tracking and documenting your losses and filing your lawsuit within the allotted time.

Who Can File Survival Actions vs. Wrongful Death Claims in Florida

The loss of a beloved family member will have an emotional impact on every member of the family. However, Florida law designates the people who can file a wrongful death claim and receive compensation from a survival or wrongful death action. Accordingly, recipients could include the decedent’s:

• Spouse
• Parents
• Children

Moreover, you might also have the right to wrongful death compensation based on your relationship with the decedent and your financial dependence before their demise. A wrongful death attorney can help you learn more about your potential right to monetary recovery.

Both Types of Lawsuits Must Meet the Statute of Limitations

All civil actions in Florida have a state-mandated statute of limitations—a filing deadline that establishes how much time you have to file your lawsuit. In general, your family has two years to file a wrongful death or survival action, according to Florida Statutes § 95.11.

If either lawsuit is not filed on time, the court could:

• Refuse to accept your lawsuit
• Dismiss your lawsuit without hearing its merits

If either occurs, the insurance company might refuse to continue negotiating a settlement. A wrongful death attorney can help you understand the filing deadline since it can change based on specific factors. They’ll also ensure you meet the deadline and protect your rights to secure the compensation you need and deserve.

Hiring a Wrongful Death Attorney Could Benefit Your Family’s Claim

Before recovering any damages from the at-fault party after a loved one’s demise, you must prove their negligence. Then, you can file an insurance claim, initiate a lawsuit, or both, but you’ll need to build a persuasive case file. 

A wrongful death lawyer can handle all these tasks for you as well as:

• Speak to the insurance adjuster
• Assess your recoverable damages
• Obtain potentially sensitive evidence
• Handle all case-related paperwork 
• Clarify legal and insurance language
• Interview accident witnesses
• Negotiate a favorable settlement

When a wrongful death lawyer represents your family, rather than taking on the insurance company by yourselves, you can be confident that your case meets all required legal parameters. 

Accidents That Could Result in a Florida Survival Action or Wrongful Death Claim

Proving how your loved one was fatally injured is an essential part of your claim. However, it can also be a daunting one to delve into the facts of your family member’s death. A wrongful death lawyer will tackle this sensitive task following any of these negligence-based incidents:

• Car accidents
• Crane accidents
• Defective drugs
• Medical malpractice
• Truck accidents
• Work injuries
• Slip and fall accidents
• Carbon monoxide poisoning

Your lawyer will prove the elements of negligence—duty of care, breach of duty, causation, and damages—that allow you to sue the at-fault party for financial recovery. 

Evidence You Need to Establish Your Right to Financial Recovery

Working with a lawyer also means your family can focus on caring for each other while they manage all the moving parts of your case. A solid evidence collection is a critical aspect of your claim, so your lawyer will obtain the following:

• Proof of the accident’s cause: Police report, medical records, witness statements, accident reconstruction report, and more.
• Proof of the accident’s costs: Medical bills, property repair or replacement estimates, proof of income, and more.

Your family does not have to compile evidence while coping with your sudden loss. Your lawyer will collect, sort, and organize the evidence into a cohesive case file and present it to the insurer on your behalf.

Contact a Wrongful Death Team Member to Discuss Your Options

Did your family lose a loved one due to another person’s or entity’s negligence? If so, you could recover wrongful death damages and fight for the personal injury damages your beloved family member would have been entitled to receive via a survival action. 

Learn more about the ins and outs of survival actions and wrongful death claims in Florida. Contact one of our Chalik & Chalik Injury Lawyers team members today to explore your options for financial recovery.