Survival Action

When our loved one’s life is prematurely brought to an end by the fault of others, the lasting effects never truly heal. While our lives “go on,” part of us remains with those last moments we shared with our loved one. Contact a wrongful death lawyer today for legal help.

Wrongful Death

Wrongful death actions (Fla. Stat. §§  768.16-768.26) focus on the pain and suffering of the relatives of the decedent, often spouse and children. These family members are, after all, the living victims. They are suing for their losses, both financial due to lost income and benefits over the deceased loved one’s lifetime, as well as their pain and suffering. The wrongful death action is brought by the administrator, executor, or personal representative of decedent’s estate on behalf of the estate and its beneficiaries (i.e. spouse, children). For sincere legal help, contact a wrongful death lawyer at the Harris Law Firm, P.A. today.

Survival Claim

Survival actions (Fla. Stat. § 46.021) focus on the pain and suffering suffered by the victim – the deceased loved one -- brought by the decedent’s estate. Like wrongful death actions, the survival action is created by statute. In sum, the survival lawsuit is the continuation of the decedent’s action against the tortfeasor (at-fault party).

Like a wrongful death lawsuit, the survival action is brought by the administrator, executor, or personal representative of decedent’s estate. The representative can recover any damages the decedent would have been able to recover if he/she had lived. The death itself is not compensable; instead, the pre-death injuries are the basis for the claim.

The survival action is often overlooked by Florida attorneys, because Florida law generally requires the surviving beneficiaries to choose either pursuing a wrongful death action or a survival action -- and not both.

Florida law, however, does permit parties to bring both actions in a single case and let the jury decide each under certain circumstances. After the verdicts and before judgment is entered, the party can choose which action – wrongful death action or the survival action – is the one they elects as their remedy. It is called the election of remedies doctrine.

Contact an experienced wrongful death attorney at the Harris Law Firm, P.A. to evaluate your circumstances.

If you or your loved has died because of another’s fault or wrongful conduct, then contact an experienced wrongful death attorney and survival action attorney, to seek justice on your behalf. We try to enable as much normalcy as possible in your family's life, as well as try to restore some financial certainty so you do not have to move forward alone.

We are Here to Help - Throughout Florida and Beyond

At the Harris Law Firm, P.A., a personal injury law firm dedicated to clients, we proudly serve deserving clients and their families who are seeking to overcome the challenges of serious personal injury and wrongful death throughout Florida and beyond in other States.

Locally, we are also proud to serve our neighbors throughout Southwest Florida, including those in Arcadia, Alva, Avon Park, Bonita Springs, Bradenton, Cape Coral, Charlotte County, Clewiston, Collier County, Desoto County, Englewood, Felda, Fort Myers, Ft. Myers, Glades County, Golden Gate, Hardee County, Hendry County, Highlands County, Immokalee, La Belle, Labelle, Lake Placid, Lee County, Lehigh, Lehigh Acres, Manatee County, Moore Haven, Naples, Nokomis, North Port, Osprey, Palmdale, Port Charlotte, Punta Gorda, Sarasota, Sebring, Venice, Wauchula, Zolfo Springs.

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