What is the difference between a survival action and a wrongful death claim in Florida?

A survival action and a wrongful death claim address distinct legal damages under Florida law. Under Fla. Stat. § 46.021, a survival action belongs directly to the decedent's estate and preserves personal injury claims the deceased person could have pursued had they survived, recovering losses sustained between the injury and death. Conversely, a wrongful death claim under Fla. Stat. § 768.20 compensates designated statutory survivors for their own losses resulting from the death. The Altman Law Firm, founded by Jeffrey S. Altman, evaluates these matters to identify which claims must be administered through probate to protect the family's rights.

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