Survival Actions in a Miami Lakes Wrongful Death Case

Damages as part of a survival action in a Miami Lakes wrongful death case may include lost wages up to the time of death, pain and suffering up to the time of death, and medical bills up to the time of death.

To further understand the damages you may be entitled to as part of a survival action in a wrongful death case in Miami Lakes, it is important that you consult with a wrongful death lawyer immediately.

Gathering Evidence

Medical bills are obtained from the health care providers as evidence. Lost wages are calculated by collecting the time records from the alleged victim’s employers. The calculation of pain and suffering damages require that other witnesses tell the story about the experience of the decedent prior to death. All of these elements will be utilized in a survival action in a Miami Lakes wrongful death case.


Monetary damages are an imperfect substitute for the loss suffered as a result of someone’s death. While money is imperfect, it is the only way to compensate the family members of a victim of someone’s negligence.

Pain and Suffering

Conscious pain and suffering is usually calculated by a jury when considering the testimony of witnesses that are closest to the victims. The jury assigns a value to that based on their experience as members of the community that they believe should be the appropriate amount of money.

Damages for pain and suffering is an imperfect solution to the very serious problem of someone’s death resulting from the negligence of another person. This goes back to the very beginning of our society; the ability for a person to obtain compensation for the loss of their loved ones.

Medical Bills

Common medical bills of the survival action in a Miami Lakes wrongful death case include the hospital bills, surgery bills, the surgeon’s bills, and future bills. There are numerous medical bills depending on the type of injury that led to the death.

For example, with an auto collision or a truck accident, there could be an EMS bill, an airlift bill, an emergency room bill, blood work, surgeon fees, and operating room fees. There are all kinds of medical bills related to a particular claim for wrongful death depending on how the death occurred.

Funeral Expenses

Funeral expenses are incurred by the estate as a result of someone else’s negligence. Funeral bills are usually presented by the funeral home in Florida. However, with an automobile case when Personal Injury Protection (PIP) insurance is involved, there is basic compensation that can be obtained from the insurance company at any time. Under the PIP law, even if the person is at fault, they can obtain compensation for funeral expenses.

Benefit of an Attorney

An experienced attorney can help clients in many ways because they provide guidance to the family about potential issues related to the estate. A lawyer can provide counseling services or grief services for family members who have difficulty dealing with the loss. An attorney can provide certainty to the victims in an uncertain time.

Experienced attorneys know all of the categories of damages to consider, evaluate, and provide testimony for when calculating and claiming damages in a survival action in a Miami Lakes wrongful death case. They can evaluate the stronger and weaker claims and present the best possible case as opposed to someone who does not know the full scope of damages.

Survival actions take about the same amount of time as a wrongful death action. Both consider the same injury and the same information, the same witnesses. Only the damages received are different.