Wrongful Death

A survival action is a civil lawsuit that survives an individual’s death and is brought by the decedent’s estate for personal damages the decedent suffered before dying. Recoverable damages are the same as in a personal injury lawsuit, which is brought when the person is still alive. In contrast, a wrongful death action is a civil lawsuit to recover damages for surviving family members brought by an attorney acting on behalf of the deceased person’s estate. Under the Florida wrongful death statute, if the survival action pursues damages related to the injury that caused the person’s death, then the survival…