What You Need to Know About Recovering Compensation After a Loved One’s Death
If your loved one dies as a result of another person’s wrongdoing, you may be entitled to bring a claim for damages. Their estate may also be able to bring what is known as a survival action claim. An experienced attorney can help you understand how these legal claims work and whether you are eligible to file them.
At Coker Law, we represent individuals who have suffered the unimaginable loss of their loved one due to another person’s negligence. Our lawyers will work tirelessly to ensure that you receive the compensation you deserve after your loved one’s wrongful death. Contact our office at 904-356-6071 to schedule a free consultation.
What Is a Survival Action Claim?
According to the Florida Statutes, “No cause of action dies with the person.” This means that an action that would have been valid if the person had lived could still be brought after the person dies. It is referred to as a survival action claim.
A survival action may only be brought on behalf of the decedent’s estate, and it is solely to provide compensation for damages that occurred while the person was alive. For instance, a survival action may include a claim related to the decedent’s lost wages or medical bills that occurred prior to their death.
What Is a Wrongful Death Claim?
A wrongful death claim is brought by a decedent’s loved ones. Generally, surviving family members are entitled to compensation for things like their loss of companionship, loss of support, and the decedent’s loss of earnings.
After the death of a loved one, it can be challenging to determine whether you should file a claim for damages and how to proceed with the case. A wrongful death lawyer can help you understand your rights and help determine the best course of action.
What Is the Difference Between a Survival Action and Wrongful Death Claim?
The main difference between a survival action and wrongful death lawsuit is who is allowed to bring the claim and the kinds of damages that are awarded. In a survival action, the claim is brought on behalf of the decedent’s estate. Any award in damages is distributed in accordance with the decedent’s will or through state secession laws. Generally, it is the personal representative of the estate that can bring a survival action claim.
A wrongful death lawsuit, on the other hand, is brought by a decedent’s loved ones. Immediate family members, such as the decedent’s surviving spouse and children, are able to bring a lawsuit based on wrongful death. Damages in a wrongful death suit are limited to the losses suffered by the family members and not the decedent prior to death.
In either case, it is important to speak with an attorney as early in the process as possible. You only have two years from the date of the decedent’s death to file a survival action or wrongful death claim in Florida.
Contact Our Office to Schedule a Free Consultation
At Coker Law, we know that the loss of a loved one is devastating. Our lawyers are compassionate advocates that will work hard to ensure you and your family get the justice you deserve. Contact our office at 904-356-6071 to schedule a free, no-obligation consultation. There are no fees unless we win. Call now to get started.