A survival action continues certain legal claims that the deceased person could have brought if they had lived.
Why a survival action matters
A survival action matters because some claims do not disappear automatically when the injured person dies. The estate or personal representative may be able to pursue claims for harm the deceased person suffered before death, depending on state law.
The claim is often discussed alongside wrongful death but serves a different purpose.
Where a survival action appears
Survival actions appear in fatal injury cases, estate litigation, personal-injury litigation, medical-malpractice disputes, product-liability claims, and settlement negotiations.
Practical example
A person is seriously injured, experiences pain and medical expenses, and later dies from the injury. A survival action may preserve claims that belonged to the injured person before death.
How a survival action differs from nearby terms
A survival action differs from wrongful death because it continues the deceased person’s own claim. Wrongful death usually addresses losses suffered by survivors or beneficiaries.
Related terms
Quick knowledge check
Why might a fatal-injury case include both wrongful death and survival-action concepts?