The family of someone who died because of another’s negligence is often left grieving and suffering from serious financial and legal burdens. One way to pursue justice is through a survival action. Unlike a wrongful death claim, which compensates surviving family members, a survival action allows the deceased’s estate to recover damages the person would have been entitled to if they had lived. A Spring Hill survival actions lawyer could help you file a claim and protect your loved one’s rights after death.
Survival actions are commonly filed in cases involving accidents, medical malpractice, or other forms of negligence where the victim lived for a time before passing. These claims may often be filed alongside a wrongful death lawsuit, creating a more complete path to compensation and accountability. Contact one of our experienced attorneys to find out the best actions for your situation.
Florida Statutes § 46.021 states that legal claims do not die with the person. If someone is injured due to negligence but passes away before the case is resolved, their right to press charges carries over to their estate. The personal representative of the estate is appointed by the court or named in the will. This person can pursue a survival action on the decedent’s behalf with the help of a Spring Hill attorney.
Unlike a wrongful death lawsuit, which focuses on surviving relatives’ losses, a survival action emphasizes damages suffered by the deceased between the time of injury and the time of death. Both actions may arise from the same incident and are often filed together.
There are several forms of compensation tied directly to the decedent’s experience after the injury but before death, which may include:
These funds are paid to the estate and then distributed according to the terms of the will or state intestacy laws. Our experienced survival actions attorneys could help ensure the claim includes all eligible damages and complies with Spring Hill probate requirements.
Survival actions are typically filed when there is a meaningful gap between injury and death, such as when a person is injured in a car crash, survives for weeks, and then dies from complications. This can also occur when an individual suffers a serious injury at work but succumbs to it days or weeks later.
Even if death occurred quickly, a survival action may still apply, especially if the victim experienced pain or distress before passing. Each case depends on specific facts, including evidence such as medical records and witness statements. Our Spring Hill lawyers could investigate and discover what applies in your survival actions case.
If you have lost a loved one to a preventable injury, a survival action may give your family justice. It allows the estate to recover damages for the victim’s suffering and financial losses experienced before death.
A Spring Hill survival actions lawyer could guide you through the legal steps and fight to hold the responsible party accountable.
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