Torts · subcategory within Torts
A survival action allows a deceased person's estate to pursue a claim for damages that the deceased could have pursued had they survived. It compensates for losses suffered by the deceased before death.
Source: Torts · subcategory within Torts
A survival action is rooted in tort law and allows an executor or administrator of a deceased person's estate to maintain a legal action for injuries that the deceased suffered prior to their death, typically due to negligence or wrongful conduct. The essence of a survival action is to recover damages that the deceased would have been entitled to had they lived, including compensatory damages for pain and suffering, medical expenses, and lost wages during the period of survival post-injury. In contrast to wrongful death actions, which compensate the beneficiaries for their losses resulting from the death of the individual, survival actions focus on the rights and experiences of the deceased individual leading up to their death.
Survival actions are governed by statutes that vary by jurisdiction; some states specifically outline the nature of recoverable damages, while others may follow more general principles. Importantly, not every claim may survive the death of the tortfeasor, and various exceptions may exist depending on the circumstances surrounding the claim. For instance, claims for punitive damages usually do not survive because they are intended as punishment rather than compensation.
An important aspect of survival actions is the question of standing, which is typically held by the representative of the estate. This means that even if the victim died, the estate may still have the right to pursue compensation for the losses occurred by the victim before death. Factors such as the timing of death relative to the occurrence of the injury can also have a significant impact on the survival of the action. Legal practitioners often need to navigate these complexities carefully to ensure the appropriate claims are made.
Survival actions emerged from common law principles where the law recognized the rights of individuals to pursue claims for injuries, even after death, primarily to ensure justice and compensation for familial and estate interests.
Clarified the rights of estates to bring actions for damages that accrued prior to the death of an individual.
Illustrated the distinction between damages recoverable in survival actions versus wrongful death actions.
Examined the quantum of damages recoverable under survival actions, emphasizing the importance of pre-death suffering.
John is injured in a car accident due to another driver's negligence and later dies in the hospital from unrelated causes. John's estate can file a survival action against the negligent driver for the pain and suffering John experienced prior to his death.
Confusion: Students may confuse survival actions with wrongful death actions.
Clarification: Survival actions seek damages for the deceased’s own pre-death suffering, while wrongful death actions seek damages for losses suffered by the surviving family members.
Confusion: It's believed that all tort claims survive death.
Clarification: Not all claims survive; for instance, punitive damages typically do not survive the claimant's death.
Focus on distinguishing between survival actions and wrongful death claims, as well as understanding the elements and applicable statutes in various jurisdictions.