What Is a Survival Action?

A survival action is similar to a wrongful death claim. However, a survival action attempts to obtain damages that the deceased would have claimed had they lived through their injuries. Since the decedent cannot file a lawsuit, survival action allows the deceased’s estate to obtain that compensation on their behalf.

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The surviving family member or the decedent’s estate can obtain damages such as medical expenses, lost income, pain and suffering, and a reduced quality of life. Some survival actions have nothing to do with the cause of death— they are simply claims or actions that were underway when the deceased passed on and converted into survival actions.

It is recommended for the surviving family member or the estate of the decedent to work with a trusted St. Louis wrongful death attorney for a fair outcome of their claim.

Possible Damages in Survival Action

When a personal representative of the decedent initiates survival action, they seek compensation for the injuries the deceased person endured while alive. The decedent’s estate cannot pursue compensation for damages such as loss of companionship that other family members suffered due to the injury.

They can, therefore, obtain compensation for the following losses:

• Medical expenses
• Lost income
• Pain and suffering
• Emotional anguish

On the contrary, a wrongful death claim provides compensation to the surviving family members. A wrongful death claim aims to provide financial recovery to surviving family members, amongst other benefits, due to the losses they incurred because of the decedent’s passing.

Compensation in a wrongful death claim may include:

• The loss of future anticipated contribution to the household and family
• The loss of a deceased family member’s affection, love, support, society, and guidance they provided to the family
• Loss of employment benefits that the immediate family benefited including health insurance, education benefits, and pension benefits

Unlike wrongful death lawsuits that focus on what the survivor lost as a result of their loved one’s death, survivor action focuses on the damages suffered by the victim between the event that caused the injury and the time of death.

Usually, an injured victim may survive for a period following an accident or injury, during which they may endure pain and suffering, lost productivity, emotional anguish, and hefty medical expenses in an attempt to recover.

How Can a Wrongful Death Attorney Help a Survival Action?

Any legal action involving a deceased person, including a lawsuit filed before a decedent’s death, may be complex. In a survival action, the surviving family member or the estate of the deceased must demonstrate the negligence of the other person contributed to the injuries of the victim.

An attorney can help a grieving family compile evidence demonstrating the injury’s extent and negotiate a fair settlement.

Get in Touch With an Experienced Wrongful Death Attorney for Legal Help

Close family members endured a reduced quality of life and financial losses before the death of the deceased. They, therefore, deserve representation from an experienced attorney to maximize the settlement value of survival action.

Burger Law has over 70 years of combined litigation experience, giving us an edge to represent you.

Contact us online or at (314) 542-2227 for a free case evaluation.

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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