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If you die during a personal injury case, the claim does not typically die with you. In most cases, your case can move to a survival action, which allows your estate to pursue compensation on your behalf.
A Fort Myers personal injury attorney at Lytal, Reiter, Smith, Ivey & Fronrath can help you understand the process and what to expect if you or a loved one passes away in the middle of a personal injury case.
Does a personal injury claim survive after someone dies?
A personal injury claim is meant to compensate someone for injuries caused by another party. If that person dies during the case, the claim may continue through the estate as a survival action, focusing on the losses they experienced before their death.
What is the difference between a survival action and a wrongful death claim?
A survival action and a wrongful death claim are not the same, even though they’re often confused. A survival action is done on behalf of the decedent’s estate. It continues as a personal injury case to recover compensation for damages sustained while they were alive.
A wrongful death claim is brought on behalf of the decedent’s loved ones. This type of claim focuses on the loss of the family and dependents and seeks compensation for their losses. Any recovery is meant to support the surviving family members who qualify under the law.
Who can file a wrongful death claim in Florida?
While Florida Statutes allow dependents and direct family members to recover compensation in a wrongful death claim, only the personal representative may file. This is often a spouse or someone named in the will. The representative must list all proposed beneficiaries on the filing.
What damages can still be recovered after a person’s death?
The damages you may recover in a survival action suit are typically the same as you would claim in a personal injury case. Meaning the insurance company might cover things like related medical care until death, lost wages, and considerations for pain and suffering experienced before death.
In a wrongful death lawsuit, the damages differ, but they often consider mental pain and suffering from the date of the accident that caused the death, as well as the loss of companionship and guidance. You may also claim damages for lost financial support from the decedent.
The exact damages you can claim will depend on the details of your case and the severity of the injuries and loss. To gain a better idea of what you may expect, you can speak with an attorney.
What happens if the person dies from unrelated causes?
If a person dies from unrelated causes, you may still be able to pursue a survival action on behalf of the estate, since those damages are owed to the individual regardless.
However, a wrongful death claim would only apply if the death was caused by negligence tied to that incident. For example, if someone had a pending slip and fall claim but later died in a separate car accident, those would be treated as two different legal matters.
Does probate affect a pending injury claim?
In most cases, probate will significantly impact a pending injury claim. Typically, you can expect the claim to be paused for at least 90 days to open the estate in probate court and appoint a personal representative to take over. If the individual didn’t have a will, the probate court may appoint someone. If the decedent prepared a will and designated a personal representative, that person can take over the survival action.
Do statutes of limitations change if someone dies?
The statute of limitations for a personal injury or survival action claim does not change as they are addressing the same event. Florida allows an injury victim 2-years to file a personal injury claim. In the event of their death, the estate must operate under that same timeline to recover compensation for damages sustained while they were alive.
If you are dependents and loved ones, the statute of limitations for wrongful death is also two years, but it starts from the date of death, not the accident date.
Speak with a Fort Myers personal injury attorney about your options
Dealing with injuries from an accident that someone else caused can be incredibly stressful, and losing a loved one during the process can make an already difficult situation feel more uncertain. You may feel like they just started getting things moving, only to have to start all over.
Regardless of your circumstances, the experienced legal team at Lytal, Reiter, Smith, Ivey & Fronrath is ready to help you figure out your options. Call us today at (561) 655-1990, or you can contact us online to schedule a free consultation.