Survival Actions vs. Wrongful Death Claims After a Nursing Home Death

Nursing home deaths are tragic and to add to the frustration of loved ones, they are also often preventable. Deaths in nursing homes are sometimes caused by careless or abusive staff members, or negligent policies of the facility itself. If you believe your loved one’s death could have been prevented, you may have already considered filing a wrongful death lawsuit.

You may not know, however, that you may also be able to file a survival action. These legal claims sometimes, although not always, accompany wrongful death lawsuits. Below, our Tampa nursing home death lawyers explain more about these two types of legal claims.

What are Wrongful Death Claims in Tampa?

Wrongful death claims are filed after someone passes away due to another person’s negligence, or carelessness. For example, if a nursing home failed to prevent an infection from spreading throughout the facility and your loved one passed away due to complications after contracting the illness, that may be grounds to file a wrongful death lawsuit.

In Florida, the personal representative of the deceased’s estate must file a wrongful death claim. Any damages obtained through the lawsuit are then distributed to the beneficiaries of the estate. Common damages available in wrongful death claims are meant to compensate loved ones for the losses they suffered due to the death. Common damages include loss of support and companionship, as well as funeral and burial expenses.

What are Survival Actions in Tampa?

Survival actions are different from wrongful death claims. In some cases, there is a period of time between when a nursing home resident is injured and when they pass away from those injuries. Staying with the example above, your loved one may have developed an infection and become sick for some time. They may have suffered with the infection for weeks before experiencing complications and tragically passing away.

Like wrongful death claims, only personal representatives can file survival actions. These legal cases survive the injured individual’s death, meaning their estate is still entitled to compensation for the losses your loved one suffered before their death. For instance, your loved one may have accrued substantial medical bills trying to treat the infection. Through a survival action, you can then recover compensation for all of your loved one’s losses sustained prior to their death, including pain and suffering. The damages recovered in survival actions are paid to the estate of the deceased.

Our Nursing Home Death Lawyers in Tampa Can Outline Your Legal Options 

Grieving the loss of your loved one is psychologically and emotionally difficult. Although legal action may not be at the forefront of your mind at this time, obtaining compensation can ensure that you do not have to concern yourself with additional expenses related to the loss. At Kohn Law, our Tampa nursing home death lawyers can advise you of your legal rights and options so your family obtains the compensation that can reduce your financial burden. Call us now at 813-428-8504 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0046/Sections/0046.021.html