What Is a Survival Action?
A survival action recovers damages that the deceased could have pursued if they had survived. This includes pain and suffering before death, medical expenses from injury to death, and lost wages during that period. The claim belongs to the estate and is filed by the personal representative.
Survival Action vs. Wrongful Death
- Survival action: Damages to the deceased (pain, medical bills, lost wages before death)
- Wrongful death: Damages to the survivors (grief, loss of companionship, lost financial support)
Both claims can be filed simultaneously and are often part of the same lawsuit.