As long as your relative’s death was a direct result of the injuries or illness caused by someone else’s negligence, you may qualify to file a wrongful death lawsuit. In some cases, like with mesothelioma or medical malpractice, your loved one may die years after the original incident. 

Wrongful Death Claims

If someone died due to another party’s negligence, the deceased’s executor or personal representative can file a lawsuit on behalf of the family if a will exists. If not, other close relatives may file the lawsuit.

The compensation a victim’s estate and/or family can seek covers any costs that may arise due to the accident and certain damages from the victim’s death itself. If your loved one lived for hours, days, or months after an accident before succumbing to their injuries, medical bills can mount quickly. As a personal representative of the victim, you may seek compensation for medical bills your loved one incurred before their death.

What Are Survival Action Laws?

You may also seek compensation for your loved one’s pain and suffering. Lethal injuries can cause a substantial amount of pain before death occurs.

Many states, including Florida, have survival action laws which essentially means that a victim’s right to pursue legal action does not necessarily die with them. This allows the victim’s family to pursue justice for the pain and suffering they endured leading up to their death. The family members or the personal representative of the victim may seek compensation for the suffering their loved one went through before they passed away, as well as any medical bills or lost wages they accumulated from the accident until their death.

How Are Wrongful Death Claims and Survival Actions Different?

One of the key differences between a wrongful death action and survival action is wrongful death seeks damages on behalf of the losses suffered by the family, and survival action seeks damages on behalf of the damages the victim incurred because of the accident. Another important difference is who can bring the claim. A wrongful death claim is brought on behalf of the victim’s spouse, children, or parents. A survival action is brought by the victim’s personal representative, on behalf of the victim.

The differences between wrongful death and survival action can be confusing. When dealing with the loss of a loved one and considering a wrongful death lawsuit, it is important to consult with experienced legal counsel that understands the complexities of wrongful death law.

Our Wrongful Death Lawyers Can Help You

The Ferraro Law Firm has helped families pursue justice on behalf of their lost loved ones for more than 30 years. Our wrongful death lawyers understand the delicate nature of these cases and fight tirelessly to ensure clients are able to find answers and closure.

Review your case for free with one of our wrongful death lawyers today.