Torts · Survival Actions
Clear answer to: Is It Possible To Survival Actions in Torts? with key cases, examples, and exam tips for law students.
Yes, survival actions in torts are possible and allow the estate of a deceased plaintiff to pursue claims for injuries that occurred prior to death.
Survival actions in torts refer to legal claims that can be pursued by the estate of a deceased person for actions that arose during their lifetime but were unresolved at the time of death. These claims generally arise from tortious conduct such as negligence, defamation, or intentional infliction of emotional distress. Most jurisdictions have statutes that allow these claims to survive, meaning the deceased's estate can seek damages for pain and suffering, lost wages, and medical expenses incurred prior to death.
In the United States, the applicability of survival actions varies by state, with some states adopting the Uniform Survival Act, which standardizes the types and extent of claims that can survive. It's essential for practitioners to be aware of both statutory language and relevant case law, as exceptions or limitations can exist based on the type of tort or the jurisdiction.
Key cases have shaped the understanding of survival actions. For example, in *Morrow v. Jett (1992)*, the court held that a survival action could be filed for intentional torts, affirming that emotional distress claims survive death. In *Durham v. Goldman (2003)*, the court emphasized that actions for negligence could also survive, allowing the decedent’s estate to claim damages for lost income and suffering, affirming the capacity for such claims even after death.
Survival actions are distinct from wrongful death claims, which compensate the beneficiaries of a deceased person for their loss. It's crucial to differentiate between the two: survival actions focus on the damages and suffering experienced by the deceased prior to death, whereas wrongful death claims address losses sustained by survivors. Understanding this distinction can be vital in legal practice and litigation strategies.
If a pedestrian is injured in a car accident and later dies due to unrelated causes, their estate can file a survival action against the driver for the injuries suffered before death, seeking compensation for medical bills and pain and suffering.
Survival actions may appear on exams as part of discussions on tort liability and damages, often requiring students to differentiate between survival actions and wrongful death claims.