When someone passes away as a direct result of another person’s misconduct, the personal injury lawsuit that the deceased person would have had standing to file does not go away after their death. Instead, it survives their death as two distinct types of claims: a wrongful death action to recover damages suffered by surviving family members and a survival action to recover damages suffered by the deceased person.
While these two claims are often pursued simultaneously and based on the same fatal accident, they tend to work differently in practice, as any experienced personal injury attorney could tell you. If you want to get the best possible outcome from a survival action pursued on behalf of a family member, you should strongly consider retaining a Pensacola survival actions lawyer at Emmanuel Sheppard & Condon.
What Makes Survival Actions Different from Wrongful Death Claims?
One way to think of a survival action is as the continuation of a regular personal injury claim that the plaintiff did not get a chance to finish before they passed away. Typically, survival actions are meant to recover on behalf of a deceased person’s estate for losses they experienced between when they suffered an ultimately fatal injury and when they actually passed away from that injury. However, it is also possible to pursue a survival action over an injury that preceded a fatal accident. For example, someone gets hurt in a slip and fall and then passes away in an unrelated car crash before they can sue over the injuries they suffered from the fall.
Either way, it is possible to seek restitution for both economic and non-economic losses through a survival action, including things like:
- Costs of medical care the decedent received between their accident and their eventual death
- Lost income or benefits from missed time at work between a fatal accident and death
- Personal property damage/loss stemming from a fatal accident
- Physical pain and suffering
- Psychological anguish and trauma
Courts also have the right to impose punitive damages against someone who causes another person’s premature death through extremely egregious negligence or intentionally malicious misconduct. These damages can be awarded as extra compensation during an ensuing survival action.
Time Limits for Survival Actions
Aside from the difference in damages sought, another important distinction between survival actions and wrongful death actions is the applicable filing deadline. For survival actions, the deadline set by the statute of limitations is usually two years after the date on which the injury first occurred.
This is notably different from the deadline for wrongful death claims, which is typically two years after the deceased person’s date of death without any regard to when they were initially injured. As a result, it is not uncommon for survival actions in Pensacola to proceed on different schedules than wrongful death claims based on the same person’s death.
A Pensacola Survival Actions Attorney Can Help
It is never easy to think about civil litigation in the immediate aftermath of a loved one’s unexpected death. As tough as it can be, taking proactive legal action after such a tragedy can be vital to protecting your entire family’s financial security and personal best interests.
Fortunately, you have support from a compassionate Pensacola survival actions lawyer who can make sure your case has the best possible resolution without piling too much additional stress on you or your loved ones. Call Emmanuel Sheppard & Condon today to discuss your options.
