Calculating Damages in a Survival Action Claim

Calculating damages in a survival action claim. When dealing with the aftermath of a loved one’s tragic death
due to another’s negligence, there is a particular type of claim for compensation known as a “survival action.” Unlike wrongful death claims, which
seek to compensate surviving family members for their losses following a loved one’s untimely death, a survival
action is brought by the estate of the deceased on behalf of the deceased. The action aims to recover damages the
deceased could have claimed had they lived.

Because survival actions and wrongful death claims are often associated with each other, you may be confused as to
what compensation is available in a survival action. Burger Law is a personal injury law firm that specializes in both survival actions and wrongful death claims. Based in St. Louis and Chicago, we
serve the injured throughout Missouri and Illinois, and we answer questions for free every day. If a loved one was
killed by another person’s negligence, call Burger Law today at (314) 500-HURT or
fill out our online contact form.

Damages Available in a Survival Action Claim

The damages available in a survival action are similar to those in a personal injury claim, as the claim is made for
compensation your loved one would have received if they hadn’t passed away. Those damages include:

• Economic damages, which compensate you for the money
  spent because of your loved one’s injuries. They include:
  • Lost wages and lost earning capacity, from the time of the accident to your loved one’s death
  • All medical expenses incurred since their injury
  • Any property damage from their injuries, such as damage to their vehicle
  • Any out-of-pocket expenses
• Non-economic damages, commonly referred to as “pain
  and suffering,” or in this case, “conscious pain and suffering.” Conscious pain and suffering refers to the
  physical pain, emotional distress, fear, anxiety, and other forms of suffering that your loved one experienced
  before their death, including the knowledge that they may soon pass.
• Punitive damages, which, though not common in survival
  action claims, compensate you if the wrongdoer’s actions were especially reckless or if they intentionally
  harmed your loved one.

Calculating Damages in a Survival Action

Calculating damages in such a claim or lawsuit can be a complex process and involves a variety of factors that must
be considered.

Calculating Medical Expenses

Provided you keep accurate documentation of all your loved ones injuries and bills, calculating medical expenses is
usually pretty straightforward. Medical expenses include all the costs related to the injury from the incident until
the deceased’s death, which can include:

• Ambulance and emergency room fees
• Hospitalization costs
• Diagnostic tests
• Surgeries
• Rehabilitation, physical therapy and/or chiropractic appointments
• Costs of prescriptions and over-the-counter medications
• Assistive devices like crutches or wheelchairs
• Psychological or psychiatric services
• Transportation to and from medical appointments

Keeping accurate records is vital to ensuring you’re fully compensated for your loved one’s medical expenses.

Calculating Lost Wages

Lost wages refer to the income the deceased would have earned from the time of the injury until their death, had they
not been injured. This can be because they were not able to work, were forced to work less or could no longer earn a
living as they used to. Calculating lost wages is largely based on the deceased’s salary or wage at the time of the
injury, and can also include expected bonuses and wage increases, if relevant.

Like medical expenses, lost wages are typically tangible and quantifiable, making them less complicated to calculate
than some other forms of damages. Lost wages can be proved through W2s, tax returns, employment records and other
financial documents.

Calculating Conscious Pain and Suffering

“Pain and suffering” refers to the physical, mental and emotional toll someone’s injuries had. “Conscious” pain and
suffering is more specific to survival action cases, and includes the mental anguish, fear, sorrow, anxiety or
hysteria that your loved one may have felt with the knowledge that they could die. Assigning a monetary value to
physical pain and emotional distress can be difficult, but there are two generally accepted ways of doing so:

1. Multiplier Method — This is the more commonly used approach. It involves calculating the total of
   tangible damages – like medical expenses and lost wages – and multiplying that sum by a certain number (often
   between 1.5 and 5) determined by the severity of the injury, the level of pain experienced and the extent of
   physical or emotional suffering.

   For instance, if your family member’s medical expenses and lost wages total $100,000, and a multiplier of 3
   is used due to the severity of their suffering, the pain and suffering damages would be calculated as
   $300,000.

2. Per Diem Method — This approach assigns a specific dollar amount for each day the deceased
   experienced pain and suffering from the date of the injury until their death. ‘Per Diem’ is a Latin term that
   translates to ‘per day.’ Often, that dollar amount is tied to how much your loved one used to make in a day of
   work.

   For example, if your lawyer, the judge or the jury assigns a value of $200 per day, and the deceased
   experienced pain and suffering for 200 days before their death, the total pain and suffering damages would
   amount to $40,000.

With both methods, you can use evidence such as medical records, testimony from friends and family and expert witness
testimonies to illustrate the extent of their pain and suffering. Photographs and personal journals, letters or
emails, if available, can also provide compelling evidence of the impact of the injury on your loved one’s life.

Survival Action Lawyers in Missouri and Illinois

Of the main jobs of your survival action lawyer is to calculate 100% of your loved one’s damages so justice is 100%
achieved. Let us handle the legal burden of your case so you and your family can focus on grieving and healing. If
you need assistance with a survival action claim or wrongful death lawsuit, contact Burger Law today. We are
committed to helping families in Missouri and Illinois seek justice for their loved ones. Speak to a lawyer now at
(314) 500-HURT or fill out our online contact form for a
free consultation.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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