Defining a survival action | Rosenthal, Levy, Simon & Sosa

Defining a survival action

Many may consider taking legal action immediately following a car accident, yet circumstances may prevent them from actually doing so. You might have a loved one in such a situation. Oftentimes, they may choose to wait to take action until they have recovered from their injuries. Yet what if your loved one eventually succumbs to those injuries. Many to whom this has happened have come to us here at Rosenthal, Levy, Simon & Ryles thinking that the chance to pursue a lawsuit against those responsible for their loved ones’ accidents has passed. If you share the same concern, not to worry; your window is not yet shut. 

In such a scenario, you can pursue a survival action on your loved one’s behalf. Section 46.021 of Florida’s state statutes says that a cause of action survives the death of the one that it belongs to. What this means is that if your loved one had cause to seek action for a car accident that they were involved in prior to their death, that cause remains in place even after their gone. You can thus pursue the claim in their stead as if they were still alive. 

This may sound similar to wrongful death lawsuit, and in many ways, it is. However, there is one major difference between a survival action and a wrongful death claim. Wrongful death lawsuits seek to compensate you for the loss you have experienced (such as the loss of financial and emotional support left in the wake of your loved one’s death). A survival action allows you to be awarded damages for the pain and suffering your loved one experienced prior to their death. 

More information on seeking compensation following a fatal car accident can be found throughout our site. 

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