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Who can file a survival action claim after a nursing home wrongful death?

 

A:

 

Losing a loved one is never easy, but it is especially difficult when you know your loved one died as a result of someone’s carelessness or negligence. Under Florida law, loved ones of the deceased can file a survival action claim, which acts as a continuation of the decedent’s legal claim. It basically is a lawsuit the deceased person would have filed if he or she was still alive.

Whoever is the personal representative of the deceased, or any person who is entitled to file a wrongful death action, can bring a survival action claim. In fact, the survival action claim can be brought together with the wrongful death action. Although these types of claims are similar in that they both involve death, they differ because only relatives can file a wrongful death claim.

In a nursing home wrongful death claim, family members can recover for the losses they endured as a result of losing their loved one. However, in a survival action claim, any person who would have inherited from the deceased could file this type of claim. Typically, a survival action is filed by a representative of the estate, which might or might not include a family member. By filing a survival action, the estate can receive compensation for the decedent’s medical bills and other losses from the time of the injury until death.

If you have a question on whether or not you qualify to file a survival action claim after the death of your loved one, we invite you to contact the Mallard Law Firm for a complimentary case consultation. You can also download a free copy of our book, The Florida Nursing Home Abuse Handbook, to learn more about pursuing the damages you may be entitled to.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney