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Wrongful Death Lawsuits: What Is a Survival Action?

Grappling with the death of a friend or family member is one of the most challenging things anyone can go through. Even if you have advanced anticipation of your loved one’s passing, there’s a wave of grief, sadness and loss that you have to brace for afterward.

In addition to the emotional toll your loved one’s passing brings, there are logistical and financial considerations you’ll need to make. Their death may leave you without the vital support they once provided. Their medical bills and funeral expenses can be a burden to you and your family. 

Personal injury suits recover the damages that a person incurs after their injury, but what should you do if your loved one has died after an accident caused by negligence?

You’ve probably heard the term “wrongful death” while researching your options. Another type of claim that comes up after the death of a loved one is a survival action. You may have asked yourself, “What is a survival action?”

Keep reading to learn more about survival actions, how they are related to wrongful death lawsuits and what they could mean for your case. 

What Is a Survival Action?

A survival claim is similar to a wrongful death lawsuit, and, in some states, is automatically included as part of the wrongful death case. In other states, it can be filed alongside a wrongful death claim. 

Both types of claims deal with the negligent party’s financial responsibility to the deceased’s family and estate.

In one of our first articles explaining wrongful death damages, we broke down wrongful death suits can cover three categories of damages:

  1. Damages covering costs from the time of the accident until the victim’s death.
  2. Damages for financial losses caused by a loved one’s death like funeral costs and loss of support.
  3. Damages for extreme recklessness or inappropriate behavior. These are the least common and are punitive.

Survival action damages relate most closely to the first compensation category for the time between the accident and the victim’s death. 

Essentially, a survival action is part of a wrongful death lawsuit that allows the deceased’s estate to recover damages that they would have received if their relative had not died. This compensation covers the costs of the illness or injury that they dealt with until their death.

If you file for a wrongful death claim in Missouri, survival action items like medical bills and pain and suffering will already be in consideration for your case

What Is a Survival Action?: Getting an Experienced Attorney

Don’t tackle a wrongful death lawsuit or survival claim alone. Contact Tolbert Beadle today if you’re looking for an attorney who will fight to get the compensation you deserve.