Losing a loved one is one of the most difficult experiences a person can go through, made only worse in circumstances where it could have been avoided. If you’re facing this situation in Florida, you may have come across two legal terms that sound alike but actually work very differently: a wrongful death action and a survival action.
Both of these claims can lead to a financial recovery for your family, but each serves a different purpose and protects different interests. Knowing how they differ is an important first step; we’ll cover what you should know below.
How Florida Handles Wrongful Death Claims
Under Florida Statutes § 768.19, a wrongful death lawsuit can be filed when someone dies because of another party’s wrongful or careless conduct. The claim is technically brought by the personal representative of the deceased person’s estate on behalf of all surviving family members who were affected by the loss.
The key thing to understand here is that a wrongful death action centers on the harm done to the survivors, not the person who died. The personal representative files a single lawsuit that covers every eligible family member’s losses.
Per state law, those eligible survivors may include:
- A surviving spouse
- Children of the deceased, including those under age 25
- Parents of the deceased, if no spouse or minor children survive
- Other dependent blood relatives or adoptive siblings
What each survivor can recover depends on their relationship to the deceased. A spouse may be able to recover for the loss of companionship and support, while minor children could receive compensation tied to the loss of parental guidance.
What Does a Survival Action Cover?
A survival action works under a very different principle. Instead of compensating the family for their losses, this type of claim focuses on what the deceased person went through before passing away.
Florida’s Survival Statute, § 46.021, allows the estate to step into the shoes of the deceased and pursue a claim that they could have filed while still alive. If your loved one was injured and suffered for a period of time before passing, the estate may be able to seek damages for the pain they endured during that window. This could include compensation for medical costs that built up before death, as well as the pain and suffering your loved one experienced.
Note that a survival action does not require the death to be linked to the same injury at issue. If someone was injured in an accident but later died from a completely unrelated cause, the estate can still pursue damages for the original injury under the survival statute.
There is, however, an important limit in Florida. If the injury itself is what caused the death, the personal injury claim generally gives way to the wrongful death action. Families typically cannot recover under both claims for the same injury that led to the death.
That said, if the cause of death is disputed, Florida courts have allowed both claims to move forward together so the family can choose the better path at trial.
Contact a Jacksonville Wrongful Death Lawyer at Baggett Law Personal Injury Lawyers to Schedule a Free Consultation
Both wrongful death claims and survival actions generally carry a two-year filing deadline in Florida. That clock starts on the date of death; once it runs out, you could lose the right to file altogether.
Call Baggett Law Personal Injury Lawyers to schedule a free case review with a Jacksonville wrongful death lawyer today to get started with your case. Most attorneys in this area of the law work on contingency, so you only pay attorney’s fees if you secure compensation.
We serve Duval County, St. Johns County, Ponte Vedra and the surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167