Experienced Florida Survivor Rights Attorney – Offices in West Palm Beach and Port St. Lucie
Losing a loved one unexpectedly is everyone’s worst nightmare. Such grief and pain is only magnified when the death of that loved one was due to the negligence of another. If you lost a family member in an accident then you may have the legal rights to ensure redress and accountability for the devastating loss.
If you would like to learn more about the rights of surviving family members, our personal injury lawyers at Fetterman law are here to help. We work in West Palm Beach, Port St. Lucie, and other local communities. Feel free to send us a message online or call our team at 561-845-2510 today.
What is a Survival Action?
Under Florida Law, a survival action is a continuation of a legal action associated with a person who is now deceased. In this sense, a survival action does not give rise to new legal claims, but rather is a continuation of the deceased person’s claims. In other words, a survival action is a lawsuit that the deceased person could have brought if he or she were still alive.
Who Can Bring a Survival Action?
A survival action may be brought by a representative of the deceased person’s estate, such as an administrator, executor, or personal representative. This may include one or more members of the deceased person’s family.
In most states, the representative of the deceased person may recover any damages to which the deceased person would have been entitled. In other states, however, damages in a survival action may not include punitive damages or compensation for pain and suffering. Yet in Florida, the damages may include punitive damages so long as the defendant is still alive.
The family members of the deceased person may not benefit directly from a damage award, but will receive compensation according to the distribution of the deceased person’s estate (e.g., according to the deceased person’s will or by intestate succession to heirs of the deceased person).
How Does a Survival Action Differ from a Wrongful Death Claim?
In a wrongful death claim, family members of the deceased person have their own legal right to sue for the loss they have experienced from the death of their loved one. This loss may include loss of support, loss of companionship and affection, and other losses.
A survival action, however, is different from a wrongful death claim because it is viewed as an extension of legal claims belonging to the deceased person. In many states, parties may bring both a wrongful death claim and a survival action at the same time. Florida, however, limits parties to selecting either one type of action or the other.
Contact a West Palm Beach Lawyer for Survival Actions
Be sure to contact an experienced team of attorneys if you have lost a loved one who would have been entitled to relief from injuries he or she suffered. The wrongful death attorneys at Fetterman law have years of experience helping people pursuing survival actions.
We understand the challenges faced by families who have suffered the loss of a loved one and are committed to doing everything in our power to ensure you receive the help and compensation you deserve.
If you have lost a loved one, contact the attorneys at Fetterman law to determine what action can be taken on your behalf.