Wrongful Death Claims v. Survivorship Claims
Generally, in the state of Florida, there are two types of civil suits that can be filed after a person dies as a result of someone else’s actions. The first type of civil suit is a wrongful death claim. This claim is brought by the surviving family members – parents, siblings, spouse, children – of the deceased and is designed to compensate those individuals for their individual loss. Awards for a wrongful death claim can include damages meant to address the family’s pecuniary loss (lost wages) beginning at the time of death and extending into the future, the family’s loss of companionship and society with the deceased, and mental pain and anguish suffered by the survivors.
The second type of claim that can be brought is known as a survivorship claim. This claim is designed for the situation in which the deceased does not die immediately but instead suffers an injury, is hospitalized or treated for a period of time, and eventually succumbs to his or her injuries at some point in the future. This claim is meant to address the harm and suffering that the deceased underwent before death. Claims for hospital bills, treatment costs, and funeral expenses can be included in a survivorship claim. Additionally, claims for pain and mental anguish suffered by the deceased can also be brought in a survivorship claim.
Contact an Experienced Clearwater Wrongful Death Attorney
Wrongful death cases can be difficult. Not only are the emotions of the grieving family still raw, but a claim for damages requires the surviving family members to estimate the future income that the deceased may have brought in as well as put a dollar figure on the value of that person’s presence and involvement with the family. Additionally, showing that a deceased individual suffered physical pain or mental trauma prior to passing away can require the testimony of expert witnesses.
We at Nicoletti Walker Trial Firm are experienced in handling wrongful death cases. We understand the emotional pain and suffering, along with the physical realities, that accompany losing a loved one unexpectedly. Our Clearwater wrongful death attorneys are committed to helping you understand what compensation may be available to you and helping you understand the court process. We will vigorously fight for the damages you deserve.