Wrongful Death or Survival Action? Why Knowing the Difference Could Change Your Case

Losing a loved one because of another party’s negligence is one of the most painful experiences a family can endure. Beyond the grief, there are pressing legal and financial questions: Who is responsible? How will medical bills or funeral expenses be covered? What about the income the deceased would have provided?

Two important legal claims often come into play in these situations: wrongful death claims and survival actions. At first glance, they may sound like two names for the same type of lawsuit, but they serve very different purposes. Wrongful death focuses on the family’s loss, while a survival action ensures the deceased’s suffering and expenses are not ignored. Understanding how these claims differ is critical for families seeking justice and compensation.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person dies due to the negligence, recklessness, or intentional act of another. Its purpose is to provide compensation to the surviving family members for the losses they’ve personally suffered because of the death.

Who can file? In Florida, the claim must be brought by the personal representative of the deceased’s estate, but it is pursued on behalf of specific family members, such as:

• Spouses, who lose companionship, support, and income.
• Children, who lose parental guidance and financial stability.
• Parents, who may recover for mental pain and suffering, especially if a minor child is lost.
• Other dependents, if they relied financially on the deceased.

Recoverable damages: Wrongful death damages are designed to address the family’s financial and emotional losses. These may include:

• Lost income and future earning potential the deceased would have contributed.
• Loss of companionship, guidance, and protection.
• Mental and emotional anguish for surviving family members.
• Funeral and burial costs.

Example: A mother killed in a distracted driving accident leaves behind two young children. A wrongful death claim can help provide financial support for the children’s upbringing, education, and emotional suffering caused by losing their parent.

What Is a Survival Action?

A survival action is different because it continues the legal claims the deceased could have pursued if they had survived the injury. It focuses on the harm the deceased endured between the time of the accident and their passing.

Who can file? Like wrongful death claims, survival actions are filed by the personal representative of the estate. However, any compensation recovered flows into the estate and is distributed through probate to heirs or beneficiaries.

Recoverable damages:

• Medical expenses from the time of injury until death.
• Lost wages during the survival period.
• Pain, suffering, and emotional distress the deceased endured before passing.

Example: A construction worker severely injured in a scaffolding collapse survives for three weeks in intensive care before succumbing to his injuries. His estate may pursue a survival action for his hospital bills and the pain he endured during that period.

Comparing Wrongful Death and Survival Actions

The easiest way to think about these claims is to ask: Whose loss is being compensated?

• Wrongful death: Compensates the family for their loss.
• Survival action: Compensates the deceased’s estate for what they suffered.

Other differences include:

Distribution: Wrongful death damages go directly to eligible family members; survival action damages are distributed through the estate, and may be subject to creditor claims.

Types of damages: Wrongful death covers emotional loss, lost financial support, and funeral costs. Survival actions cover medical bills, lost income, and pain the deceased experienced.

Timing: Both claims may arise from the same incident, but survival actions only apply if there was a period of conscious survival between the injury and death.

Why the Distinction Matters for Families

These differences aren’t just legal jargon—they can have real financial consequences. For example, if the deceased had significant medical bills before passing, a survival action may help recover those costs. But if the family is struggling with lost income and emotional devastation, wrongful death is the claim that addresses those needs.

Often, attorneys will pursue both claims simultaneously to maximize recovery. This ensures the estate is reimbursed for the deceased’s suffering, while the family receives compensation for the long-term financial and emotional impact of the loss.

Florida’s Statute of Limitations

Timing is critical. In Florida, wrongful death claims generally must be filed within two years of the date of death. Survival actions follow similar deadlines. Missing these windows can bar families from pursuing justice, no matter how strong their case.

Final Thoughts

The loss of a loved one is always overwhelming—but when negligence is to blame, families deserve both clarity and justice. Wrongful death claims and survival actions may sound similar, but they serve very different purposes: one protects the family’s rights, and the other ensures the deceased’s suffering isn’t overlooked. Together, they form a powerful way to hold negligent parties accountable.

If your family is navigating this heartbreaking situation, you don’t have to face it alone. An experienced attorney can evaluate your case, explain your options, and fight to ensure every possible avenue of recovery is pursued.

Unsure Which Claim Applies to Your Case?

At DuFault Law, we understand the confusion and heartbreak families face after losing a loved one due to negligence. Whether your case involves a wrongful death claim, a survival action, or both, our experienced attorneys will guide you every step of the way. We fight for the compensation your family deserves—covering medical bills, lost income, funeral costs, and the pain no one should have to endure.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation