As defined by Tampa law, a survival action is derived from a wrongful death. The most basic functional differences between a wrongful death action and a survival action is that a survivor can make a claim of consortium or loss of affection when a person is killed or dies as a result of someone else’s negligence. Anyone interested in pursuing survival actions in Tampa wrongful death cases should contact a wrongful death lawyer before filing a claim.
If a person passes from wrongful death without a will, the courts will appoint somebody to be the executor of the estate. Courts will usually choose a family member, but in cases where no family member meets the qualifications or the surviving family members cannot agree on an executor, the court can appoint a professional executor to that position.
Survival Action Damages
Survival actions normally consist of consortium wrongful death claims, loss of affection, loss of services, loss of companionship, loss of future earnings, and emotional distress.
Punitive damages for survival actions in Tampa are their own cause of action. In order to prove punitive damages, the plaintiff and their counsel must be able to demonstrate through the claims process that the defendant knew that their conduct was dangerous and/or reckless to the disregard of people’s safety, or they knew that serious bodily injury or death could occur.
Economic damages in a survival action are awarded to compensate the survivors, whether they be children, spouses, or other family members who depended on the victim, for the economic loss that they have suffered as a result of the person’s wrongful death. Special survival action damages encompass things like emergency room bills, ambulance bills, doctor’s bills, and other costs associated with any treatment that the victim required as a result of the action
Pain and Suffering
Pain and suffering in a wrongful death claim refer to that which is experienced by the accident victim. Because the victim is deceased, there is no future pain and suffering compensation awarded in wrongful death claims. Past pain and suffering are calculated based solely on a jury’s representational belief about what appropriately compensates the victim’s estate.
Survivors deserve to be compensated because someone has taken a loved one from them, along with that person’s affection and his or her ability to support the family members, both economically and non-economically. Damages are awarded in wrongful death claims to ensure that survivors aren’t left to fend for themselves as a result of someone else’s negligent actions.
In Tampa wrongful death cases, an average funeral for the person who has died without pre-arranged burial plans can easily cost tens of thousands of dollars. Burial costs include funeral costs, caskets, cremation services, flowers, family transportation such as vans or limousines, transportation of the victim’s body, and opening and closing of the burial plot. These are all ancillary costs associated with burial, and if a person dies without pre-need funeral arrangements, the costs can be exponentially greater than what a person would have paid under the normal course of burial.
How An Attorney Can help
Survival actions in Tampa can be overwhelming after the loss of a loved one. There are many different factors that need to be accounted for when considering the economic impact a wrongful death can have on a family. A qualified wrongful death lawyer must have experience calculating the damages of the accident victim and his or her survivors.