4 FAQs on Wrongful Death Claims in Florida
When an accident leads to another person’s death, and this death is the the direct result of negligence or recklessness on the part of someone else, there are two types of claims that the deceased person’s family may choose to bring forward:
- Survival Actions
- Wrongful Death
So which one applies to you and your situation?
What Does “Survival Action” Mean?
You may already be aware that if an individual dies as a result of a personal injury, his or her estate can initiate a wrongful death lawsuit. You might also have heard of the legal term, “survival action”. These are not necessarily the same type of case. Both of these are strictly governed by state law in Florida, but there are two main differences between survival laws and wrongful death laws.
What is the Difference?
The wrongful death laws allow an estate to bring forth a lawsuit and determine the legal procedure for bringing that lawsuit. Without wrongful death laws, however, an estate could not move forward with a wrongful death lawsuit.
What Does Florida’s Survival Actions Laws Mean For Me?
Wrongful death laws in Florida, as well as survival laws, authorize different types of damages for the estate as a result of the deceased’s death. Survival laws mean that the estate can be awarded damages that the individual who has passed away would have otherwise recovered if he or she had not died. The wrongful death laws in the state of Florida though, allow the state to receive damages for the beneficiaries of the deceased individual.
Florida law considers several different issues with regard to wrongful death laws such as how a person can become appointed to represent the estate of the deceased, the types of damages allowed in a wrongful death case, and who is eligible to file a wrongful death lawsuit on behalf of the deceased’s estate.
What If I Need Help?
There’s no doubt that as a family member of someone who was killed because of another person’s negligence, you’re feeling overwhelmed with grief. During this challenging time, it can be difficult to know where to turn. Rather than feeling overwhelmed, it is in your best interest to reach out to a Florida wrongful death attorney as soon as possible.
Speak With a Wrongful Death Lawyer Florida
No one should have to live through this nightmare, but if you find yourself in this situation, empower yourself to take action by speaking with a wrongful death lawyer. If you are curious to learn more about survival laws versus wrongful death laws in Florida, contact an experienced attorney today. He or she can help guide and counsel you on what they best steps are for you and your unique situation.