If you are grieving the loss of a loved one, you are likely also seeking justice and compensation from the one at fault. You might be familiar with the concept of a wrongful death claim, but there is also a legal concept known as “survival action.” So, what is a survival action, exactly?
Survival action is a legal claim filed by a representative of a person who died in an accident. It is a type of personal injury claim that pursues the compensation that would have been owed to the deceased had they survived. Understanding this concept will ensure that you hold the at-fault party fully responsible for everything they owe to your family after the death of a loved one.
When Can You Pursue Survival Action?
A survival action aims to compensate the deceased and their personal estate in the same way as a typical personal injury claim. As such, only a representative of the deceased’s estate can file a survival action.
The personal representative can act on behalf of the estate to claim losses, such as medical expenses and loss of income, incurred by the person who died because of the at-fault party’s negligence.
You can file a survival action if you are the personal representative designated to manage the deceased’s estate. If the deceased had a will, the person named as executor will become the personal representative. If there is no personal representative, the court will appoint someone as estate administrator.
Is Survival Action Different From Wrongful Death?
Wrongful death and survival action are two different types of claims. A survival action seeks to compensate the deceased’s estate for their personal losses. A wrongful death claim seeks to compensate the family of the deceased for the pain, suffering and financial losses they experience because of the loss of a loved one.
Any surviving family member, including a spouse, child or parent of the deceased, may file a wrongful death claim. It is very common to file both a wrongful death claim and a survival action simultaneously.
How Much Compensation Can You Get Through Survival Action?
The value of a survival action claim can vary based on the damages incurred by the deceased. The person who caused the accident is responsible for covering certain damages based on their degree of fault, including:
- Medical bills
- Lost income
- Property damage
- Punitive damages
- The deceased’s pain and suffering prior to death
If you file a survival action and receive a settlement offer that is
less than the medical bills, for example, it might be a sign that the insurance company is trying to pay less than they owe. Working with a personal injury attorney will ensure that you have a constant advocate who will help maximize the amount of compensation you can receive for the deceased’s estate.
Contact Our Survival Action and Wrongful Death Attorneys
It can be overwhelming to figure out what a survival action is worth while you are grieving a loved one, especially if you are trying to juggle a wrongful death claim at the same time. At Sargon Law Group, our
wrongful death attorneys can help bear the burden as we work together toward the best possible outcome.
Contact us today for a free consultation. We are ready to help families in Arizona, New Mexico, Colorado and California in seeking justice for lost loved ones.
Resources:
https://www.azleg.gov/ars/14/03110.htm
