The difference between a wrongful death action and a survival action is, in a wrongful death action, the decedent’s family is suing for the loss of future income and benefits as well as the companionship, love, and relationship that they had with the decedent.
In a survival action, the state is actually stepping into the shoes of the decedent and suing for their pain, suffering, injuries that occurred, and what they had to go through prior to their death.
That means that, for example, if someone broke every bone in their body but they live for two weeks before they pass away, the survival action would sue for the pain and suffering and medical bills before they died. Then, the wrongful death action would sue for the future loss of income and the loss of companionship that they have with their family members after they have passed
To best understand the elements of a survival action in Tampa, it is imperative to consult with a wrongful death attorney in Tampa as soon as possible.
Representative of a Person’s Estate
In the event that an individual did not leave a will, the spouse is usually the representative of the person’s estate. If the person is not married, it will be their direct descendants, meaning their children.
If they do not leave any children, then their next closest of kin will be established as the representative of the estate. That all will be filed in the probate court when they open up an estate.
Process of a Survival Action
A survival action is usually when someone passes away but there was a personal injury case that occurred prior to them passing away. Therefore, they suffered some kind of injury, they went through pain and suffering and had medical bills, and then they passed away, so they are no longer able to bring the action themselves because they are deceased, but their family members can then bring an action on their behalf.
The statute of limitation is four years on these survival actions cases. To fully understand the elements of a Tampa survival action, consult with an attorney immediately.
The damages that are involved in a survival accident in Tampa are medical bills, lost wages, pain and suffering, emotional distress, and in some cases punitive damages.
In survival actions, if it is a car accident, there is an accident report that is generated and gathered by the lawyer. If it is a slip and fall case or some other kind of injury case, an attorney gets the incident report.
Additionally, a lawyer needs the medical records and medical bills that were charged in the survivorship claim during the injuries and treatment that the victim endured. There will also be some loss of wages whether it is the W2s or anything else from the employer that can determine what the lost wages and benefits of the decedent were.
There is also pain and suffering and loss of consortium for the family members prior to the death of the decedent and what they had to go through while they were injured prior to their death. All of these factors must be considered when building a survival action in Tampa.