A survivorship claim in New York is a cause of action that belongs to the estate of the deceased person and not the beneficiaries. It is a claim for conscious pain and suffering which the deceased person experienced from the time of the injury until death. Conscious pain and suffering claims are recoverable even if the victim was only conscious for seconds after an accident. Sometimes, experts are necessary to establish a timeline with regards to proving pain and suffering of an accident victim.
Any award for conscious pain and suffering is distributed as part of the estate’s assets pursuant to the deceased person’s will, or, if there is no will, then pursuant to New York intestacy law.