Survival Action

Pronunciation: ser-VY-vul

Torts › Torts

Definition

Decedent's own tort claims survive death; estate recovers for decedent's injuries — pain, suffering, medical expenses, lost earnings from injury to death. Belongs to estate. Distinguished from wrongful death (survivors' losses).

Related terms

• Wrongful Death — Statutory action by survivors for their own losses (support, companionship, consortium). Brought by personal representative for statutory beneficiaries.…

Go deeper

1 worked example, 2 exceptions, landmark cases, flashcards, issue spotting and the interactive mind map for Survival Action are available with a free account.

Create a free account — the whole Torts subject is free.