What is Survival Action?
A legal claim brought by the estate of a deceased person to recover damages that the deceased suffered between the time of injury and their death.
Understanding Survival Action
Unlike a wrongful death claim which compensates surviving family members for their losses, a survival action recovers damages the decedent experienced before death, including medical expenses, lost wages, and pain and suffering. The survival action is brought by the personal representative of the estate, and any recovery becomes part of the estate. Both claims are often filed together.
Examples
- 1Estate recovering medical expenses incurred between accident and death
- 2Claim for the deceased's conscious pain and suffering before passing
- 3Estate seeking lost wages from date of injury until date of death
Related Terms
Wrongful Death
A civil lawsuit brought when a person dies due to the negligence or misconduct of another party. The lawsuit is filed by surviving family members or the estate.
Wrongful Death Damages
The specific types of compensation available to surviving family members when another party's negligence or wrongful act causes the death of their loved one.
Pain and Suffering
A category of non-economic damages compensating injury victims for physical pain, emotional distress, and diminished quality of life caused by their injuries.
Economic Damages
Compensation for financial losses that can be calculated with specificity, including medical bills, lost wages, property damage, and future expenses.
Mitigation of Damages
The legal duty of an injured party to take reasonable steps to minimize their losses and avoid making their injuries worse after an accident.
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