A wrongful death lawsuit means certain surviving relatives of a deceased person can receive compensation for the economic and emotional impact of their death if it was caused by someone else’s negligence.
A lawsuit for survival action means certain surviving relatives of a deceased person may be entitled to receive a financial award that the deceased person would have received if they lived.
Filing a lawsuit on behalf of a deceased family member or continuing a lawsuit a family member began prior to their death can be complex. Understanding the difference between wrongful death and survival action can help you understand the type of case you may have.
Surviving Family Members Who Are Eligible for Financial Compensation
The death of a loved one can have a devastating financial and emotional impact on surviving family members. Legal actions that follow a family member’s death can create a complex situation without professional guidance and assistance. You may be able to file a civil lawsuit if your family member’s death was someone else’s fault or if your family member was in the middle of suing someone when they passed away.
Determining which family members can file for compensation and how compensation is awarded are two of the first steps in seeking compensation. According to Florida Statutes, the following relatives may be eligible to receive compensation:
- The deceased person’s spouse
- The deceased person’s biological or adopted children under the age of 25
- The deceased person’s biological or adoptive parents
- The deceased person’s siblings if they provided for their full or partial support
There may be additional conditions that must be met under the law to determine who qualifies for financial compensation. These conditions can be explained by your lawyer who will help you determine your eligibility to seek compensation for the death of a loved one. Your lawyer can also help you determine your eligibility to seek compensation that your loved one would have received if they had survived.
For a free legal consultation, call 800-593-3443
How Damages Are Assigned in a Wrongful Death or Survival Action Lawsuit
According to Florida law, all parties seeking a monetary award are to be listed in the original legal complaint. Each person seeking compensation must also clearly define their relationship to the deceased person. The law assigns financial awards to eligible family members in the following ways:
- Compensation for financial support
- Compensation for loss of services
- Compensation for future earning losses
- Loss of spousal or parental companionship
- Mental anguish and pain and suffering
- Funeral and burial expenses
In a claim for wrongful death, a family member would be entitled to any of the above types of damages. In a claim for survival action, the deceased person’s estate would be entitled to any of the types of damages listed above if the deceased person would have received them if they lived.
There might be additional losses you are entitled to recover. A lawyer can help you understand the difference between wrongful death and survival action and the full financial value of each type of claim.
Take Immediate Action on Your Loved One’s Behalf
The wrongful death of a family member can leave you reeling with grief and unsure of what to do next. A lawyer can help you understand your rights and the time you have to take legal and civil action against the responsible party.
An additional important difference between wrongful death and survival action lawsuits also extends to the time you have to file a claim for financial compensation. Suing the at-fault party for the wrongful death of a loved one is generally limited to two years from the time of their death, according to Florida’s statute of limitations.
A lawsuit for survival action means that your loved one’s death does not automatically end a lawsuit they began prior to their death. Although you are entitled to continue pursuing their lawsuit for a monetary award, your time to do so is generally limited to one year.
Failing to file a lawsuit within the state’s predetermined timeline could make it impossible to file a lawsuit at any point in the future. Assign liability, contact a lawyer, and file your lawsuit as soon as possible.
Get the Financial Award Your Family Deserves
Did a family member lose their life due to someone else’s recklessness or negligence? Was a family member in the midst of a lawsuit or negotiating a financial settlement at the time of their death? You may have the basis for a lawsuit if one of these circumstances applies to you and your family.
A lawyer can explain the critical difference between wrongful death and survival action and how each type of financial claim might benefit your family. Reach a lawyer near you by calling Ben Crump Law, PLLC at 800-593-3443 today.