Can someone sue for the pain and suffering of a decedent in Florida?
Can someone sue for pain and suffering of a decedent in the state of Florida? The answer is Yes, but maybe. These are what’s called survivor actions and basically what it allows for the loved ones, the survivors of the decedent, to file a claim or the decedent’s pain and suffering while they’re alive. That would be from the date of the accident, from the date of the injury, until the date that they passed away. Typically, what we look for to make that selection to head in that direction is if the actual injury, the actual incident occurred on “X” day and then there was an extended period of time before this person passed away. Then, we would look to prove case for the pain and suffering while this person survived.