A survival action is distinct from a claim for wrongful death. Under A.R.S. § 14-3110, the personal representative of a decedent's estate can file a survival action against a defendant for a cause of action that the decedent could have filed if he or she had survived. However, survival actions do not allow for the recovery of pain and suffering damages or for loss of consortium.
Survival actions have to be brought by the estate of the deceased person rather than by a family member unless the family member is also the personal representative of the estate. The lawsuit is for the benefit of the estate. When a settlement or verdict award is secured in a survival action, the proceeds will be deposited with the estate. When the estate is distributed among the estate beneficiaries, the money will ultimately benefit each of them. Survival actions are brought on behalf of the deceased person for his or her personal losses. A death action is brought on behalf of the surviving family members to recover their own losses. In some cases, it is possible for there to be grounds to file both a death claim and a survival action.