The loss of a loved one due to someone else's negligence is a devastating experience that can leave families grappling with emotional turmoil and financial uncertainty. In Florida, an average of 3,000 wrongful death lawsuits are filed each year, highlighting the prevalence of these tragic situations.
Keep reading to learn more about the legal differences between wrongful death claims and survival actions and your options to seek justice and compensation.

What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members or the estate of a person who has died due to the negligence or intentional actions of another party. These claims are designed to compensate the deceased's family for their losses resulting from the untimely death. In Florida, wrongful death claims are governed by the Florida Wrongful Death Act, which outlines the specific requirements and limitations for such cases.
Wrongful death claims can arise from various situations, including car accidents, medical malpractice, workplace accidents, or even criminal acts. To succeed in a wrongful death claim, the plaintiff must prove that the defendant's negligence or intentional wrongdoing directly caused the death of their loved one.
Types of Damages in Wrongful Death Claims
In wrongful death claims, damages are intended to compensate the family for their losses and help them cope with the financial and emotional impact of their loved one's death. These damages are typically divided into two categories: economic and non-economic.
Economic Damages
Economic damages in wrongful death claims are quantifiable financial losses that the family has suffered due to the death of their loved one. These damages often include:
- Lost wages and benefits that the deceased would have earned had they lived
- Loss of future earnings potential
- Medical expenses incurred before death
- Funeral and burial costs
- Other out-of-pocket expenses related to the death
These damages are typically calculated based on the deceased's age, earning capacity, life expectancy, and other relevant factors.
Non-Economic Damages
Non-economic damages in wrongful death claims are more subjective and aim to compensate the family for intangible losses. These may include:
- Loss of companionship, guidance, and emotional support
- Pain and suffering experienced by the family
- Loss of consortium for a surviving spouse
- Overall impact on the family's quality of life
It's important to note that Florida law caps non-economic damages in certain types of wrongful death cases, particularly those involving medical malpractice.
Who Can File a Wrongful Death Claim?
In Florida, wrongful death claims must be filed by the personal representative of the deceased's estate. This representative is typically named in the will or appointed by the court if no will exists.
The personal representative files the claim on behalf of the deceased's estate and any surviving family members entitled to recover damages. Under Florida law, these beneficiaries may include:
- The deceased's spouse
- Children
- Parents
- Any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services
It's crucial to note that in Florida, wrongful death claims must be filed within two years of the date of death, making timely action essential.
What is a Survival Action?
A survival action is a legal claim based on the deceased person's right to sue for their injuries had they survived. Unlike wrongful death claims, which focus on the losses suffered by the family, survival actions seek to recover damages that the deceased person could have claimed if they had lived.
In Florida, survival actions can be pursued alongside wrongful death claims, allowing for a more comprehensive approach to seeking justice and compensation. These actions are particularly relevant in cases where the deceased survived for a period of time after the initial injury before passing away.
Types of Damages in Survival Actions
Damages in survival actions differ from those in wrongful death claims, as they focus on the losses experienced by the deceased person rather than their family members. Like wrongful death claims, these damages are categorized as economic and non-economic.
Economic Damages
Economic damages in survival actions primarily consist of the financial losses incurred by the deceased from the time of injury until their death. This often includes:
- Medical expenses for treatment received between the injury and death
- Lost wages during this period
These damages are typically easier to calculate than those in wrongful death claims, as they are based on actual expenses and lost income over a specific, limited time frame.
Non-Economic Damages
Non-economic damages in survival actions are primarily focused on the pain and suffering experienced by the deceased from the time of injury until their death. This can include:
- Physical pain
- Emotional distress
- Loss of enjoyment of life during their final days or weeks
It's worth noting that in Florida, punitive damages may be available in survival actions under certain circumstances, such as cases involving gross negligence or intentional misconduct.
Key Differences Between Wrongful Death and Survival Actions
Understanding the distinctions between wrongful death claims and survival actions is crucial for families considering legal action after losing a loved one. While both types of claims arise from a person's death, they serve different purposes and have unique characteristics.
Purpose of the Claim
The primary purpose of a wrongful death claim is to compensate the surviving family members for their losses resulting from their loved one's death. This includes both financial losses, such as lost income and support, and emotional losses, such as loss of companionship and guidance.
In contrast, survival actions aim to recover damages that the deceased person could have claimed had they survived their injuries. These claims focus on the losses experienced by the deceased from the time of injury until their death, rather than the ongoing losses suffered by the family.
Beneficiaries of the Claim
In wrongful death claims, the beneficiaries are typically the surviving family members of the deceased. This may include spouses, children, parents, and other dependents who have suffered a loss due to the death. The damages awarded in these claims are intended to directly benefit these family members.
Survival actions, on the other hand, benefit the deceased's estate. Any damages recovered through a survival action become part of the estate and are distributed according to the deceased's will or state intestacy laws.
Statute of Limitations
In Florida, the statute of limitations for both wrongful death claims and survival actions is generally two years from the date of death. However, there can be exceptions to this rule depending on the circumstances of the case.
It's important to note that the time limit for filing a survival action may be affected by the statute of limitations for the underlying personal injury claim. If the deceased had already exceeded the time limit to file a personal injury claim before their death, a survival action may be barred.
When to File a Wrongful Death Claim vs. a Survival Action
Deciding whether to file a wrongful death claim, a survival action, or both depends on the specific circumstances of each case. In many situations, it may be appropriate to pursue both types of claims to maximize the potential for recovery.
Wrongful death claims are typically more appropriate when the death was immediate or occurred shortly after the injury. These claims are particularly important when the deceased was a primary breadwinner or caregiver, as they can provide crucial financial support for the surviving family members.
Survival actions may be more relevant in cases where the deceased lived for a significant period after the initial injury. For example, if a person was injured in a car accident and spent several weeks in the hospital before passing away, a survival action could recover damages for their medical expenses and pain and suffering during that time.
In Florida, the law allows for the consolidation of wrongful death and survival actions in certain cases, which can streamline the legal process and potentially lead to a more comprehensive recovery for the family and estate.
Speak To An Attorney About Your Wrongful Death Claim
Navigating the complexities of wrongful death claims and survival actions can be challenging, especially while grieving the loss of a loved one. Working with experienced attorneys who specialize in these types of cases can be invaluable in ensuring that your rights are protected and that you receive fair compensation.
Don't navigate this difficult process alone. Call Weinstein Legal Team now at 888.626.1108 to start a free case review with an attorney, or click here to schedule your case review online.