Ratings & Reviews
I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my ...
I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my family, children, and career were maliciously attacked and deceitfully threatened. Mr. Largey is respected by our judges, other attorneys, and the community at large, and as a result he is routinely hired by lawyers who need to be represented fully. He never backs down, he is never pushed, and he is compassionate. He absolutely understood the gravity of the family dynamic that he had to protect in my case. Whenever a lie was told, he would immediately and aggressively confront it head-on, exposing the same. His skillful use of courtroom practice and his knowledge of the evidence code brought the truth to light. The result was a resounding legal victory that protected my children, as well as the complete vindication of my character and my career. Though Chris is not even a family law lawyer, I knew he was the right attorney for this challenge. He stood there for me, and I will never regret hiring him for as long as I live.
Following my car accident I was referred by a friend to Largey Law Firm. Chris Largey agreed to take my case. He and Rosie along with his staff were very reassuring that they would take care if all my legal issues dealing with the insuran...
Following my car accident I was referred by a friend to Largey Law Firm. Chris Largey agreed to take my case. He and Rosie along with his staff were very reassuring that they would take care if all my legal issues dealing with the insurance companies. He was not only concerned about my case but also about my physical condition. Chris referred me to health care workers that were a great asset to my healing process. Chris handled everything for me which allowed me to concentrate on healing. I would highly recommend the Largey Law Firm to anyone who needs someone to get justice for them.
As a family law attorney, I had the opportunity to work with Chris in a case involving an injunction that was part of a family law matter that I was involved in. I wholeheartedly recommend him as a criminal law attorney. In my opinion, he ...
As a family law attorney, I had the opportunity to work with Chris in a case involving an injunction that was part of a family law matter that I was involved in. I wholeheartedly recommend him as a criminal law attorney. In my opinion, he is one of the best I have ever had the pleasure of working with!
Informative friendly and helpful professional. Passionate and caring for the right of the person represented.
What Is the Difference Between a Wrongful Death Claim and a Survival Action Claim?
- posted: Dec. 30, 2017
When a person dies due to a negligent, reckless, or deliberate act, Florida law provides two ways the deceased’s next of kin can hold the wrongdoer accountable in civil court. The first is through a survival action, which covers the deceased person’s losses, and the second is a wrongful death lawsuit, which seeks compensation for the losses of those closest to the victim. Here’s how each works.
A survival action is so called because the legal right to sue for personal injuries survives the death of the injured party. Imagine for a moment that the victim had not died but was seriously injured. The victim would be able to sue the wrongdoer for losses, such as medical expenses, lost wages, and pain and suffering.
But, since the injuries were fatal, the victim cannot sue. However, the wrongdoing has not been resolved, so the right to sue survives, becoming part of the decedent’s estate. A personal representative of the estate can exercise that right, suing the responsible party for:
- Medical expenses arising from the injury event and continuing to the date of death
- Lost wages from the date of the injury event up to death
- Conscious pain and suffering the victim experienced from the injury event until death
- Funeral and burial expenses (if these came out of the estate)
Compensation from the survival action goes into the estate and is divided among the estate’s beneficiaries according to the decedent’s will or Florida’s laws of inheritance.
By contrast, a wrongful death action is a lawsuit brought by eligible relatives to recover their losses brought on by the death of their family member. Florida’s Wrongful Death Statute §768.21 lists the parties who have standing to bring the action, starting with a surviving spouse, and including minor children and parents of a deceased minor. The law allows parties to recover “the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.” This means a dependent spouse, for example, can recover compensation for lost future support, based on the deceased’s likely life span and projected income.
Although both types of actions allow the plaintiff to recover medical, funeral, and burial expenses, only one recovery for these losses is permitted.
If you have lost a loved one due to an auto accident, premises liability accident, medical malpractice, or other injury event, trust Largey Law to fight aggressively for justice. To schedule an appointment with an experienced wrongful death lawyer at our firm, call 352-253-0456 or contact our office online.