In general, a “survival statute” preserves a victim’s cause of action against a defendant after the victim dies. The estate or surviving dependents assume the victim’s cause of action against the defendant until the matter is settled or tried.
In contrast, a wrongful death claim is a new cause of action which arises from the victim’s death, and is brought by the surviving beneficiaries or dependents of the deceased victim.
For example, Mary, (married with children) is injured in a severe automobile accident, caused by the negligence of defendant. Mary is hospitalized and sues defendant. Before Mary’s case is heard, Mary dies as a result of the injuries sustained in the auto accident. Mary’s surviving spouse may “step in” and pursue Mary’s claim against defendant. The surviving spouse and children may also be able to pursue a separate wrongful death claim against defendant for their damages incurred in Mary’s death. While these claims are separate, they are frequently consolidated together by the court before trial.