Survival causes of action are brought on behalf of the victim’s estate to compensate for losses the victim suffered while they lived and before their passing.
In order for a family member to bring a survival action, the decedent must have incurred some financial loss, such as medical bills or lost wages, between their injury and their wrongful death. When wrongful deaths occur instantly, such as in a fatal car accident, these damages can be difficult to determine. Modern case law has allowed survival actions to continue even in cases with minor financial losses, such as a broken cell phone or damaged clothing.