If you’re a Florida resident, you may be wondering what the difference is between a survival action and a wrongful death case. Both types of cases deal with injuries or deaths that were caused by someone else’s negligence, but they are filed under different legal theories. In a survival action, the injured person sues for their own damages, while in a wrongful death case, the heirs of the deceased person sue on their behalf. Below we take a closer look at each type of case and how it works.

Our law firm has seen the most success when representing clients in wrongful death cases. Browse our wrongful death case results here. If someone you love has died as a result of the negligence or recklessness of another person or company, you may be eligible to file a wrongful death claim.

Our attorneys at Herman & Wells can help you determine if that’s the right step for you, and we’ll fight aggressively to get you the compensation you deserve. Call (727) 821-3195 today for a free consultation.

Florida survivor mourns loved one's death caused by someone else's negligence.

The Cliff Notes: Key Takeaways From This Post

  • 1
    In Florida, a survival action is a claim brought on behalf of the estate of the deceased, compensating for damages before death.
  • 2
    A wrongful death claim is meant to compensate surviving family members for their losses.
  • 3
    The statute of limitations in Florida for wrongful death and survival action is two years.
  • 4
    Immediate family can bring forth a wrongful death claim, while other dependent family may be able to as well.
  • 5
    An experienced lawyer can help determine which type of claim should be filed after the death of a loved one in Florida.

Under Florida Law, How Is Survival Action Defined?

The wrongful death of a loved one is a tragedy that no one ever wants to go through. Although nothing can bring them back, survivors may be able to find some measure of justice and closure by filing a survival action lawsuit. But what exactly is a survival action?

The term “survival action” is used to describe a claim that a decedent could have filed had they not died. In other words, it is a cause of action that survives the death of the injured party. The main purpose of a survival action is to compensate the estate of the deceased for any damages sustained prior to their death.

In order to file a survival action in Florida, there are certain requirements that must be met. First, the death must have been caused by the wrongful act, negligence, or default of another party. Second, the survivors must be able to prove that they have suffered financial damages as a result of the death.

If you have lost a loved one due to the wrongful act of another party, you may be entitled to file a survival action. An experienced wrongful death attorney can help you determine if you meet the requirements and guide you through the legal process.

Client review from past personal injury case in Florida.

How Does Survival Action Differ From Wrongful Death in Florida?

The state of Florida recognizes survival action and wrongful death claims that may be brought up following the death of a loved one. While both involve the death of an individual, there are important distinctions between the two. Here we explain the key differences between survival action and wrongful death claims in Florida.

What Is A Survival Action Claim In Florida?

A survival action claim is brought on behalf of the estate of the deceased individual. This type of claim is meant to compensate the estate for damages that the deceased person sustained prior to their death. This may include things like medical bills, pain and suffering, and lost wages. Importantly, a survival claim is brought against the party or parties who caused the death of the individual, not the estate.

What Is A Wrongful Death Claim In Florida?

A wrongful death claim, on the other hand, is meant to compensate the surviving family members of the deceased for their losses. This may include things like loss of companionship, loss of financial support, and funeral expenses. A wrongful death claim is brought against the party or parties who caused the death of the individual.

Which Type of Claim Should I Bring After The Death Of A Loved One In Florida?

The type of claim that you should bring after the death of a loved one in Florida will depend on the specific facts and circumstances of your case. In some cases, it may be appropriate to bring both a survival action claim and a wrongful death claim. An experienced Florida wrongful death lawyer can help you understand which type of claim is right for you.