What Is a Survival Action?

A survival action, in contrast, is brought on behalf of the deceased’s estate. It seeks damages for the losses the deceased suffered from the time of the injury until the time of death, as if the deceased had survived long enough to bring a personal injury claim.

Key Points:

• It is handled by the estate’s personal representative, executor, or administrator.
• It compensates the estate for the losses suffered by the decedent.

Examples of losses may include:

• Medical expenses incurred before death
• Income lost before death
• Pain and suffering the decedent experienced

Who Is Entitled to Bring Each Type of Claim?

These claims are often filed together, but they serve different legal purposes and involve different parties.

How Survival Actions and Wrongful Death Actions Relate to Each Other

The circumstances that give rise to both wrongful death actions and survival actions are often the same, such as deaths caused by road accidents or injuries resulting from defective or dangerous products. However, these actions address different types of harm. Wrongful death actions focus on the injuries and losses suffered by the surviving family members, while survival actions address the injuries the deceased experienced while still alive.

For instance, if an accident victim is hospitalized and initially survives their injuries but later dies, the estate could bring a survival action for the losses related to the medical expenses and pain the deceased endured. At the same time, the deceased’s family may also bring a wrongful death claim for the loss of financial support and the loss of companionship that continues after death.

To avoid double recovery, the court or jury will divide the damages between the two claims. For a discussion of the different approaches states take on these issues, you can refer to Justia’s Overview of Wrongful Death Statutes in the USA.

Why This Distinction Matters for Families

Understanding the difference between these two claims isn’t just a technicality—it has real consequences for grieving families.

• Who receives the money? Wrongful death damages go directly to surviving family members. Survival damages go through the estate.
• How are the funds taxed or distributed? Wrongful death damages often pass outside probate and may not be subject to creditors. Survival proceeds may be part of the estate and may be subject to tax and debt.

Making sure both claims are properly filed is essential to preserving all available legal rights and preventing valuable compensation from being missed.

The Ammons Law Firm Can Help

Everyone knows how difficult it is to lose someone you love. Losing someone because of negligence feels especially cruel. Grief is already complex. When additional injuries or oversight are involved, everything becomes even more overwhelming. Situations like these require an attorney who can address complicated legal questions while also helping the family work toward a sense of closure, which is important for everyone involved.

The wrongful death attorneys at The Ammons Law Firm are the type of attorneys who can guide you through these challenges. Complex matters like this call for legal support so you can understand the claims available and the actions you may consider taking.