If someone you love has paid the ultimate price for another person’s negligence, then you and other relevant family members may be eligible to file a wrongful death case in West Palm Beach. It goes without saying that losing a loved one suddenly is anyone’s worst nightmare.
The pain and grief associated with an accident can become amplified when you know that another person’s actions are at fault for your loss. You might feel angry, confused, shocked, and overwhelmed with grief.
But while nothing could ever match up to being able to bring someone you love back, there are things you can do to seek justice. As a family member, you may be entitled to pursue a wrongful death case in order to hold the person responsible for your loved one’s death accountable in court.
Learning About Florida’s Survivor Rights
In order to do this, it’s important to become familiar with Florida’s survivor’s rights. In the state of Florida, a survivor action refers to a situation where a legal action is continued and linked to a person who has passed away. While a survivor action does not generate new legal claims or issues, it is a continuation of the claims associated with a deceased person.
Essentially, a survivor action refers to a lawsuit brought forth by family members that would have otherwise been brought forth by the individual who passed away as a result of negligence in a personal injury claim.
Who Is Eligible To Bring Survivor Actions?
The individual equipped with the authority to file a survival action in West Palm Beach is an individual associated with the deceased person’s estate. This is typically an executor, administrator or personal representative and may include individuals from the deceased person’s family.
The representative who files such a claim in Florida may be eligible to recover damages for which the deceased individual otherwise would have been entitled to.
Is a Survival Action the Same Thing as a Wrongful Death Claim?
In a typical wrongful death claim in Florida, the family members of the deceased individual have legal rights in order to sue a negligent person for the loss of their loved one. This can include:
- Loss of companionship
- Loss of affection
- Loss of support
- Any other losses associated with the deceased
What is the Difference?
On the other hand, a survival action is somewhat different from a wrongful death claim because it is seen as an extension of the legal claims associated with the deceased individual. In Florida, you can only file either a wrongful death claim or a survivor action with a West Palm Beach wrongful death attorney.
To learn more about filing a survivor action, contact an experienced attorney who is knowledgeable in this area of the law today.