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Simple English definitions for legal terms
survival action
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A quick definition of survival action:
Survival action: A type of lawsuit that is filed on behalf of someone who has passed away due to injuries or damages they suffered before they died. This type of lawsuit is based on the idea that if the person had survived, they would have had a claim for things like pain and suffering. It is different from a wrongful-death lawsuit, which is filed by the beneficiaries of the deceased person and is based on claims for things like loss of support or companionship.
A more thorough explanation:
A survival action is a type of lawsuit that is filed on behalf of a person who has died due to injuries or damages they suffered before their death. This type of lawsuit is based on the claim that the person would have had if they had survived, such as for pain and suffering.
For example, if a person was in a car accident and suffered injuries before passing away, their estate could file a survival action to seek compensation for the pain and suffering the person experienced before their death.
It is important to note that a survival action is different from a wrongful death action. In a wrongful death action, the beneficiaries of the deceased person may seek compensation for their own losses, such as loss of support or loss of consortium.
Overall, a survival action is a legal tool that allows the estate of a deceased person to seek compensation for the injuries and damages the person suffered before their death.