What differentiates wrongful death from survival actions?

What differentiates wrongful death from survival actions?

On Behalf of | Apr 3, 2021 | accident, Personal injury |

Dealing with the loss of a loved one in a motorcycle accident is hard enough on its own. You need to organize all the logistics of a death while also going through a period of mourning.

Unfortunately, these logistics often involve big price tags. Everything from storing a body to the funeral services costs money, and the costs can continue stacking up. Thus, if your loved one suffered from wrongful death, you may wish to pursue potential compensation. The first step is differentiating between wrongful death and survival actions.

Wrongful death claim

Cornell Law School discusses wrongful death actions. In Florida, you can file for this claim as a personal representative of the decedent’s estate. You do this on behalf of all surviving family members. Any survivor with interest in the case goes on the list.

In these situations, there are typically a few categories of people who benefit the most. The first are immediate family members. This includes the decedent’s children, spouse or parents, regardless of their financial independence. The second includes adopted siblings or blood relatives who had financial dependence on the decedent.

Survival actions

On the other hand, in some cases, a family files a survival actions claim after an injured party dies. It is a continuation of a pre-existing claim that family members likely sought prior to the decedent’s death, when they were alive but injured.

The personal representative of the estate still files this claim. Unlike wrongful death claims, compensation does not go to a specific family member. Instead, it is payable to the estate of the deceased. This is because it compensates for damages the deceased incurred, rather than their loved ones.