What Is A Survival Action?

A survival action is a type of wrongful death case where the injured person dies days, weeks, months or years after the negligent action. The death does not occur at the same time as the event that caused the injury. The claim against the at-fault party continues on or “survives.” The estate is allowed to bring the action on behalf of the descendant to recover the damages. An example would be if a person is injured in a car wreck and then passes away some time later. The estate of the decedent is allowed to make a claim for the decedent’s pain and suffering, medical expenses, funeral expenses, lost wages and other damages caused by the at-fault party.

Michael Schafer
The Personal Injury Attorney for Louisville and Kentucky