Survival Actions
A survival action is brought by the executor of the deceased’s estate to recover for pain and suffering that may have occurred prior to death while the deceased was conscious.
What can be brought on behalf of the person who died due to the defendant’s actions?
Survival actions are designed to compensate the deceased for loss suffered between the time of the negligently committed injury and the death. Damages include medical expenses, loss of income, pain and suffering. Usually the bulk of the damages arise from physical and emotional suffering as well as fear of impending death. Survival actions are typically brought by the estate of the descendent on his or her behalf. The executor of the estate has the responsibility for carrying out the suit. If the person dies intestate, state law dictates what actions are undertaken by the estate.
Damages recovered in survival actions are usually subject to inheritance taxes and claims of creditors. This differs from compensatory damages and most other tortious damages, which are not taxable.
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