Survival Actions for Personal Injury

In addition to damages for wrongful death, the distributees may be able to recover damages for personal injury to the decedent. These are called "survival actions," since the personal injury action survives the person who suffered the injury. The decedent's personal representative can bring such an action together with the wrongful death action, for the benefit of the decedent's estate.

In a survival action for a decedent's conscious pain and suffering, the jury may make several inquiries to determine the amount of damages, including: 1) the degree of consciousness; 2) severity of pain; and, 3) apprehension of impending death, along with the duration of such suffering.

Getting Help

If a loved one has dies after an accident or injury caused by the negligence or misconduct of another individual, company or entity, you may be entitled to bring a legal action for wrongful death against those responsible. Especially in light of time deadlines for filing such a lawsuit, you should contact an experienced personal injury attorney as soon as possible, to discuss your legal rights and your potential case.

See also:

• Wrongful Death Cases: Children and the Elderly
• Wrongful Death Claims: Time Limits and the 'Discovery' Rule
• Wrongful Death Cases: Physician-Patient Privilege
• Wrongful Death FAQ
• Wrongful Death Resources