A survival statute allows a decedent's causes of action to survive death and be pursued by the estate. Recoverable damages typically include pre-death pain and suffering, medical expenses, and lost earnings between injury and death.
It is brought by the personal representative on behalf of the estate rather than by individual beneficiaries.
Alternative Names:
Survival Claim, Estate Claim
Why it Matters?
Survival and wrongful death claims are usually pleaded together but recover different losses for different claimants, and the allocation between them matters. Survival proceeds pass through the estate and are subject to creditor claims and different tax treatment, while wrongful death proceeds typically pass directly to beneficiaries. Settlement agreements should allocate explicitly, since a lump sum without allocation creates disputes among beneficiaries and with creditors.
Frequently Confused with
Related terms
Frequently asked questions
What damages does a survival action recover?
Why does allocation between survival and wrongful death matter?
