Damages and Valuation
Injury Damages
Survival damages include the decedent's pre-death pain and suffering, medical expenses, and lost earnings during the survival period. They belong to the estate and are distinct from wrongful death damages.
Availability of pre-death pain and suffering varies.
Alternative Names:
Survival Action Damages, Pre-Death Damages
Why it Matters?
Whether pre-death pain and suffering survives is the variable that most affects case value, since a lengthy conscious survival period can produce substantial damages where recoverable and nothing where the state abates them. Consciousness during the interval is the factual battleground, and medical records documenting responsiveness, sedation, and neurological status are the evidence. Instantaneous death eliminates the component entirely.
Frequently Confused with
Related terms
Frequently asked questions
What determines survival damages value?
What evidence addresses consciousness?


