Legal Definitions - survival action

A survival action is a type of lawsuit filed by the legal representative of a deceased person's estate. This action seeks compensation for the injuries, losses, or suffering that the deceased individual experienced personally during the period between the injury-causing event and their death. Essentially, it allows the estate to pursue the claims that the deceased person would have been able to pursue themselves if they had survived the incident. These claims often include medical expenses, lost wages, and pain and suffering endured by the individual before their passing. It is distinct from a wrongful-death action, which compensates family members for their own losses resulting from the death.

Here are some examples to illustrate a survival action:

• Car Accident Injury: A driver is severely injured in a collision caused by another motorist's negligence. They survive for three weeks in intensive care, enduring multiple surgeries, significant pain, and accumulating substantial medical bills, before ultimately succumbing to their injuries. The deceased's estate could file a survival action.

  Explanation: The survival action would seek compensation for the deceased's personal pain and suffering during those three weeks, the medical expenses incurred, and any lost income they would have earned during that period. These are losses the deceased personally experienced before their death.

• Medical Malpractice: A patient undergoes a routine medical procedure, but due to a doctor's error, they suffer severe and debilitating complications. They endure intense physical discomfort, require additional painful treatments, and are unable to work for several months before their condition worsens and they pass away. The patient's estate could pursue a survival action.

  Explanation: In this scenario, a survival action would aim to recover damages for the patient's personal pain and suffering, the cost of the additional medical treatments, and the income they lost during the period of illness leading up to their death. These claims belong to the deceased's estate because they represent the deceased's own losses and experiences.

• Workplace Exposure: An employee is exposed to a highly toxic chemical at work due to the employer's failure to provide adequate safety measures. They develop a severe, progressive illness, suffering debilitating symptoms and requiring extensive medical care over several months before eventually dying from the illness. The employee's estate could initiate a survival action.

  Explanation: A survival action here would seek compensation for the employee's personal pain and suffering, the substantial medical bills accumulated during their illness, and any wages they lost during the period they were too ill to work. All these damages were personally experienced by the employee before their death.