What is the difference between a survival claim and a wrongful death claim in Florida? Which should I pursue?
If a family loses a loved one because of the negligence, recklessness, or wrongful behavior of another person or entity, that family has the right to pursue a Florida wrongful death claim in order to collect damages for their loss. These damages can include mental pain and anguish over the loss, the loss of income to the family, the loss of services that the deceased provided and burial expenses. Damages from a Florida wrongful death claim belong to the family of the deceased and must be distributed according to Florida personal injury law.
In some cases, the deceased may have experiences substantial pain and suffering before the death. In these cases, the estate of the deceased may seek a survival claim. Survival claim damages include the compensation that the decedent would have been able to recover had he or she survived the injury. These include medical expenses, loss of earning capacity before death, and pain and suffering. Damages from a Florida survival claim belong to the estate of the deceased and are distributed according to the terms of the estate.
Florida law generally requires surviving family members to choose between pursuing a wrongful death action or a survival action. Your West Palm Beach personal injury attorney will be able to advise you about the best option for your family. In rare cases, both options may be pursued.
Every family who loses a loved one to a wrongful death deserves justice and accountability. To learn more or to discuss your own claim, contact West Palm Beach personal injury attorney David Glatthorn at 888-340-2620.