In the realm of personal injury law, the term “survival action” refers to a legal claim that arises when a person is injured and later dies as a result of those injuries. Survival actions allow the deceased person’s estate to pursue a claim for damages that the deceased would have been entitled to if they had survived. These actions are separate from wrongful death claims, which are brought by the surviving family members or beneficiaries of the deceased.
The Purpose of Survival Actions
Survival actions serve several important purposes:
- Preservation of Legal Rights: Survival actions allow the estate of the deceased to preserve any legal claims the deceased would have had if they had survived. This ensures that the responsible parties are held accountable for their actions, even if the injured person dies before their case is resolved.
- Compensation for Damages: Survival actions seek to compensate the estate for damages the deceased suffered between the time of injury and death. This can include medical expenses, lost wages, pain and suffering, and other damages.
- Closure and Justice: Pursuing a survival action can provide a sense of closure and justice for the deceased person’s loved ones, as it holds the responsible parties accountable for their actions.
Who Can Bring a Survival Action?
In most cases, the personal representative or executor of the deceased person’s estate brings a survival action on behalf of the estate. The personal representative is typically named in the deceased person’s will or appointed by the court. If there is no personal representative appointed, the court may appoint one to bring the survival action.
Types of Damages in Survival Actions
Survival actions can seek several types of damages, including:
- Medical Expenses: Damages can include medical expenses incurred between the time of injury and death, including hospital bills, doctor’s fees, and medication costs.
- Lost Wages: If the deceased was unable to work due to their injuries, the estate can seek compensation for lost wages and benefits.
- Pain and Suffering: Damages can also include compensation for the physical pain and suffering endured by the deceased as a result of their injuries.
- Emotional Distress: Survivors of the deceased may also be able to seek compensation for the emotional distress caused by the loss of their loved one.
Statute of Limitations for Survival Actions
The statute of limitations for filing a survival action varies by state but is generally shorter than the statute of limitations for wrongful death claims. It’s important to consult with an attorney as soon as possible to ensure that you file your claim within the applicable time frame.
How Survival Actions Differ from Wrongful Death Claims
While survival actions and wrongful death claims are related, they serve different purposes and have different legal requirements:
- Purpose: Survival actions seek to compensate the deceased person’s estate for damages suffered by the deceased, while wrongful death claims seek to compensate the surviving family members or beneficiaries for their own losses resulting from the death.
- Legal Requirements: Survival actions require proof that the deceased would have had a valid legal claim if they had survived, while wrongful death claims require proof that the survivors have suffered a financial loss as a result of the death.
Survival actions play a crucial role in the legal system by allowing the estate of a deceased person to pursue a claim for damages that the deceased would have been entitled to if they had survived. These actions provide a means of holding responsible parties accountable for their actions and compensating the estate for the damages suffered by the deceased. If you believe you may have a valid survival action, it’s important to consult with an experienced personal injury attorney who can help you understand your rights and navigate the legal process.
Need Legal Help?
If you believe you may have a valid survival action or have questions about personal injury law, contact Shaumyan & Derbarseghian LLP today. Our experienced personal injury attorneys can provide you with the guidance and support you need to understand your rights and pursue the compensation you deserve. Call us now for a free consultation.
