Torts · Survival Actions
Clear answer to: What Is The Difference Between Survival Actions in Torts? with key cases, examples, and exam tips for law students.
Survival actions allow an estate to pursue a tort claim on behalf of a deceased person, whereas wrongful death actions seek damages for losses suffered by the deceased's beneficiaries due to their death.
In tort law, survival actions and wrongful death actions serve distinct purposes following a person's death. A survival action enables the deceased's estate to pursue any claims for damages that the individual would have been entitled to had they survived the tortious act. This includes claims for pain and suffering, medical expenses, and lost earnings incurred prior to death. The claim essentially 'survives' the decedent and is brought by the personal representative on behalf of the estate.
In contrast, a wrongful death action is specifically designed to compensate the surviving family members or beneficiaries for their losses as a result of the deceased’s death. The damages awarded typically include loss of companionship, emotional pain, and financial support that the deceased would have provided. Wrongful death actions are conceptualized to address the losses suffered by the survivors, rather than the deceased’s own claim.
Different jurisdictions may vary in the allowable elements of damages and the designated parties who can file these claims. Notably, survival actions may include a wider range of damages that align directly with the decedent's personal injury claims prior to their death, while wrongful death actions focus on the survivor's losses. Additionally, the statute of limitations may differ for each type of action, impacting when claims can be filed.
For example, if a pedestrian is injured in an accident and later dies from their injuries, a survival action can be brought for the medical expenses incurred and pain and suffering experienced before death. At the same time, the family can file a separate wrongful death action to recover damages for their loss of companionship and financial support.
Understanding the distinction between these two types of actions is crucial for legal practitioners, as it not only influences the strategy in litigation but also affects clients' expectations regarding recovery and damages available under each type of claim.
If an individual is injured in a car accident due to another's negligence and subsequently passes away from unrelated health complications, their estate can pursue a survival action for medical bills incurred before their death, while their spouse can file a wrongful death action for loss of companionship and household income.
Survival actions and wrongful death actions are common topics in torts exams, often requiring students to distinguish between the two, discuss applicable damages, and evaluate hypothetical scenarios involving both types of claims.