Everything You Need to Know About Survival Action
Survivor action is a legal claim that you can bring on behalf of the deceased individual’s estate.
Note that survivor action is quite different from a wrongful death claim. However, they are incorporated into wrongful death settlements.
If you have lost a loved one due to someone else’s negligence, then it's important to consult a local wrongful death lawyer. They can offer the legal guidance required to get fair compensation for the damages and losses incurred as a result of the accident.
Understanding Survival Action
When you file a lawsuit for survivor action, it simply means that the hardships of a wrongful death do not begin after the actual death but from the moment the injury was sustained.
In other words, it means that you will continue the deceased's right to sue for the injuries sustained before death.
The notable thing about this claim is that you are allowed to continue the lawsuit for a monetary claim.
Laws indeed vary by state, but generally, survival actions are part of personal injury law.
Who Can File a Survival Action?
The qualified parties that can file a survival action lawsuit are the deceased’s legal representatives, estate, and heir.
Whoever files for the lawsuit case will ultimately depend on the specifics of the deceased’s will.
If the deceased has no heirs or does not have a will, the court may then appoint a representative of the estate who can make the appropriate type of claim.
The eligibility requirement is that the deceased must have had a valid claim at the time of their death. Thankfully, the death of your loved one must not negate the damages or injury claim.
Key Elements of a Survival Action
Duty and Breach: You must be able to prove that the defendant owed a duty of care and breached it.
Causation: You must be able to show that the breach of duty directly caused the severity of the injuries suffered by the deceased.
Damages: You must focus on only the damages incurred before the death of your deceased.
Types of Damages Recoverable in Survival Action
Medical Expenses: The costs of treatment for injuries sustained by the deceased before their death.
Lost Wages: This refers to the income that the deceased had lost during recovery before passing.
Pain and Suffering: This is the compensation for the physical and emotional distress endured by the deceased before their death.
Punitive Damages: These claims are awarded in the rare cases of gross negligence or intentional harm.
Survival Action vs. Wrongful Death Claims
Survival action compensates for losses that the deceased suffered, while wrongful death is referred to as the losses suffered by the surviving family of the deceased.
Wrongful death claims focus on the compensation of losses, such as financial support, companionship, and funeral expenses.
Survivor action recoverable damages, such as medical bills, lost wages, and pain and suffering endured by the deceased before their passing.
In some cases, punitive damages may be awarded to punish the wrongdoing action by the defendant.
Wrongful death recoverable damages include compensating surviving family members for their economic and non-economic losses, such as loss of income, guidance, and emotional support.
Both claims can often be pursued simultaneously, but they represent separate legal rights.
The estate files the survival action lawsuit on behalf of the deceased.
Sometimes, when family members bring a wrongful death claim, it's basically for their losses.
In some jurisdictions, specific laws or rules may limit recovery to one’s wrongful death claim, so it is very important to understand your state-specific law. This is why it is recommended to seek the help of an experienced lawyer.
