Survival action

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Florida recognizes both survival action and wrongful death claims that may be brought following the death of a loved one. While both involve the death of an individual, there are important distinctions between the two.

A survival claim is brought against the party or parties who caused the death of the individual on behalf of the deceased individual to recover the cost of medical bills, pain and suffering, and lost wages arising from the person’s death. In Florida, the statute of limitations for wrongful death and survival action is two years. This means that you have two years from the date of death to file a wrongful death or survival action lawsuit. The statute of limitations can be extended in some circumstances. Usually only the immediate family members of the deceased will be able to bring forth a claim. In certain cases both survival and wrongful death actions can be filed.

What is the difference between a survival action and a wrongful death action lawsuit?

In Florida, wrongful death claims are brought by the victim’s surviving immediate family members or if there are no surviving immediate family members the action can be brought by the victim’s estate. A survival action claim can be brought by either the victim’s estate or the victim’s survivors.

The damages that can be recovered in a wrongful death claim include:

• the victim’s lost earnings, benefits,
• cost of the funeral and burial,
• The value of the victim’s love, companionship, and support

The damages that can be recovered in a survival action claim include:

• pain and suffering before death 
• medical bills

If you have lost a loved one due to someone else’s negligence, submit your case for review and we will evaluate your case for you.