Survival actions are a separate civil action that focuses on a different aspect of a death. This type of civil action revolves around the deceased individual’s final minutes, hours, or days. If a person survived the incident that led to their death, even for a short period of time, then a survival action is likely appropriate. You can think of a survival action as a personal injury lawsuit that the deceased would have been able to file against the other party, had they lived.
When a person survives an initial incident, there are various types of expenses that will be incurred and passed to the estate and family members. Survival actions are commenced by the deceased’s estate, but the court is asked to provide compensation to the victim for their pain and suffering from the moment the injury occurred to the moment of death.
Some of the main types of compensation recoverable through a survival action include medical bills, lost income, and pain and suffering. The total amount of compensation awarded through a survival action will depend heavily on the length of time a person lived after sustaining an injury and their total level of pain and suffering before passing away.