Survival Actions Attorneys

Survival Actions

Survival actions are a legal avenue that allows the estate of a deceased person to seek compensation for injuries or damages they suffered before their passing. In situations where an individual would have had the right to bring a personal injury lawsuit had they survived, survival actions enable their estate to pursue the claim on their behalf. This article delves into the intricacies of survival actions, shedding light on their purpose, process, and the importance of seeking legal guidance.

Purpose of Survival Actions

Survival actions serve to ensure that the legal rights of a deceased individual are upheld after their passing. These legal proceedings address injuries, pain and suffering, and other damages that the deceased person experienced before their death. By allowing the estate to continue the legal action that the individual would have taken, survival actions seek to hold accountable those responsible for their injuries or harm.

Process and Requirements

To initiate a survival action, the deceased person’s estate typically files a lawsuit in a court of law. This legal action outlines the damages suffered by the deceased person and seeks compensation on their behalf. The damages sought may include medical expenses, pain and suffering, lost wages, and other losses related to the injuries. The legal requirements and processes for survival actions may vary depending on jurisdiction and specific circumstances.

Importance of Legal Guidance

Navigating survival actions can be complex, requiring a deep understanding of both personal injury and estate law. Consulting with experienced attorneys who specialize in such cases is crucial. These legal professionals can provide guidance on initiating the action, gathering evidence, determining damages, and advocating for the rights of the deceased individual and their estate.

Request a consultation

For expert guidance in navigating survival actions and seeking justice for your deceased loved one, Amir Law Group P.C. is here to assist you. Our skilled legal team specializes in handling these complex matters and is dedicated to advocating for the rights of the deceased and their loved ones. Visit our website to learn more about our services and to schedule a consultation. We are committed to providing you with the necessary support and expertise to navigate survival actions and seek the compensation and accountability your situation warrants.

Survival Actions FAQ

In a legal context, a Survival Action refers to a legal claim that allows the estate or heirs of a deceased individual to pursue a lawsuit on behalf of the deceased person. This type of legal action typically arises in cases where the deceased person suffered injuries or harm due to the negligence or wrongful actions of another party prior to their death. Unlike a wrongful death lawsuit, which seeks compensation for the losses suffered by the surviving family members, a Survival Action seeks to continue or “survive” a legal claim that the deceased person would have had the right to pursue had they survived. This legal mechanism ensures that any potential claims or legal rights of the deceased are preserved and can be pursued on their behalf to seek compensation or justice for the harm they endured before passing away.

A Survival Action can typically be filed when a person has suffered injuries or harm due to the negligence or wrongful actions of another party and subsequently passes away. These actions can be initiated after the individual’s death to continue or “survive” any legal claims that the deceased person would have had the right to pursue had they survived. Common scenarios where Survival Actions may be applicable include cases of medical malpractice, accidents resulting in personal injuries, product liability, or any situation where the deceased had a valid legal claim for damages or compensation prior to their demise. Filing a Survival Action allows the estate or heirs of the deceased to seek justice on behalf of the deceased, potentially holding the responsible party accountable for their actions even after the individual’s passing.


A Survival Action can typically be brought on behalf of the deceased by the executor or personal representative of the deceased’s estate. This person is responsible for managing the deceased person’s affairs after their passing, including any legal matters such as pursuing a Survival Action. In some cases, if there is no appointed executor or personal representative, a court may appoint one to handle the deceased person’s affairs and initiate the Survival Action. The damages recovered from a Survival Action generally become part of the deceased person’s estate and are distributed according to their will or applicable state laws governing intestate succession if there is no will. Family members and heirs of the deceased may indirectly benefit from the proceeds of the Survival Action, but it is typically initiated and managed by the legally appointed representative of the estate.


In a Survival Action, a range of damages can be sought on behalf of the deceased individual to compensate for the harm they suffered before their death. These damages typically include medical expenses incurred as a result of the injuries, pain and suffering endured by the deceased, lost wages or income, property damage, and any other losses directly related to the incident that caused the harm. Additionally, punitive damages may also be sought in cases where the wrongful actions of the defendant were particularly egregious or malicious. The specific types of damages and the amounts that can be pursued in a Survival Action may vary by jurisdiction and the circumstances of the case, but the overarching goal is to provide compensation for the harm and losses experienced by the deceased person prior to their passing.

No, a Survival Action is not the same as a Wrongful Death lawsuit, although both legal actions are related and often arise from similar circumstances. While both seek to hold responsible parties accountable for causing harm to an individual, they serve different legal purposes. A Survival Action allows the estate or heirs of a deceased person to continue or “survive” a legal claim that the deceased would have had the right to pursue had they survived. It focuses on seeking compensation for the harm and losses the deceased experienced before their death. In contrast, a Wrongful Death lawsuit is brought by the surviving family members or beneficiaries of the deceased to seek compensation for their own losses, such as emotional distress, loss of companionship, and financial support, resulting from the death of their loved one. Both actions can be pursued simultaneously in some cases, ensuring that both the deceased and their surviving family members receive the appropriate legal remedies.


The statute of limitations for filing a Survival Action can vary significantly depending on the jurisdiction and the specific circumstances of the case. In the United States, it is typically governed by state law, and the time limit within which you must file a Survival Action lawsuit can differ from one state to another. Generally, these statutes of limitations range from one to three years from the date of the incident that caused the injuries or harm to the deceased person. However, it’s crucial to consult with a qualified attorney who specializes in personal injury or wrongful death cases to understand the specific time limits applicable to your situation, as exceptions and nuances can exist, and missing the filing deadline could result in the loss of your right to pursue a Survival Action.

To support a Survival Action claim, a variety of evidence is typically required. First and foremost, medical records and expert testimony may be essential to establish the nature and extent of the deceased’s injuries or harm, as well as the causal connection between those injuries and the actions of the defendant. Documentation of the deceased’s medical treatments, diagnoses, and prognosis is crucial. Additionally, evidence such as witness statements, photographs, and accident reports can help establish the circumstances surrounding the incident that caused the harm. Financial records and employment documents may be necessary to quantify lost wages or income. Any relevant correspondence or communication, including emails, text messages, or documents that demonstrate liability or negligence on the part of the defendant, can be invaluable. An experienced attorney can help gather and present this evidence effectively in court to build a strong case for the Survival Action claim.


Yes, it is possible to file a Survival Action alongside a Wrongful Death lawsuit in many jurisdictions. While these two legal actions serve different purposes, they often arise from the same incident and involve overlapping facts and evidence. A Survival Action focuses on pursuing claims on behalf of the deceased person to seek compensation for the harm and losses they experienced prior to their death, such as medical expenses, pain and suffering, and lost wages. In contrast, a Wrongful Death lawsuit is brought by the surviving family members to seek compensation for their own losses resulting from the death, such as emotional distress and loss of financial support. Filing both actions simultaneously allows for a comprehensive legal approach that can ensure that both the deceased’s claims and the family’s claims are addressed in the same lawsuit, providing a more comprehensive avenue for seeking justice and compensation. However, the specific rules and procedures for pursuing both actions together may vary by jurisdiction, so consulting with an experienced attorney is essential to navigate these complex legal processes.

If the deceased did not have a will or executor, the process for pursuing a Survival Action can become more complex, but it is still possible. In such cases, the court may appoint an administrator or personal representative for the deceased’s estate. This individual is typically a close family member or another interested party, and their role is to manage the deceased person’s affairs, including any legal matters like a Survival Action. The administrator will act on behalf of the estate, ensuring that any potential claims or legal rights of the deceased are preserved and pursued. However, the absence of a will can lead to additional complications in distributing any damages or compensation obtained from the Survival Action since it may be subject to the laws of intestate succession in the absence of a will, which can vary by jurisdiction. Consulting with an attorney who specializes in probate and wrongful death matters is crucial in cases where the deceased did not have a will or executor to navigate the legal processes effectively.

Yes, a Survival Action can be settled out of court, just like many other types of legal claims. In fact, a significant portion of personal injury and wrongful death cases are resolved through negotiated settlements rather than proceeding to trial. During the settlement process, the parties involved, including the representatives of the deceased’s estate and the defendant or their insurance company, can reach an agreement regarding the compensation to be paid to the estate in exchange for releasing the defendant from further liability. Settlements can offer benefits such as a quicker resolution, reduced legal expenses, and the avoidance of the uncertainties and risks associated with a trial. However, it’s essential to ensure that any settlement reached adequately compensates the estate for the losses and damages incurred. An experienced attorney can play a crucial role in negotiating a fair and just settlement on behalf of the deceased’s estate in a Survival Action.


The duration of resolving a Survival Action case can vary widely and depends on several factors, including the complexity of the case, the willingness of the parties to negotiate, court backlog, and jurisdiction-specific procedures. Some Survival Action cases can be settled relatively quickly, within a few months, through negotiated settlements, while others may take several years if they proceed to trial. Complex cases with multiple defendants or intricate legal issues can extend the timeline. Additionally, if the opposing parties are unable to reach a settlement and the case goes to trial, it can significantly prolong the resolution process. Ultimately, the specific timeframe for resolving a Survival Action case is highly case-specific, and it is essential to consult with an experienced attorney who can provide a more accurate estimate based on the unique circumstances of the case at hand.

The compensation awarded in a Survival Action typically becomes part of the deceased person’s estate. This means that it is subject to the same rules of estate distribution that apply to the deceased’s other assets and liabilities. If the deceased had a will, the compensation will generally be distributed according to the terms of the will. If there was no will, the compensation may be distributed according to the laws of intestate succession in the jurisdiction, which typically prioritize surviving spouses, children, and other close relatives as beneficiaries. The compensation may be used to settle outstanding debts, cover legal expenses, and then distributed to the heirs or beneficiaries. It’s important to note that the exact distribution process can vary depending on local laws and the specific circumstances of the case. Consulting with an attorney experienced in probate and estate matters is essential to ensure that the compensation is distributed correctly and fairly to the appropriate parties.

Yes, non-economic damages, such as pain and suffering, can be claimed in a Survival Action. In a Survival Action, the estate of the deceased is entitled to seek compensation for various losses and damages that the deceased experienced before their death, which can include physical pain and suffering, emotional distress, and other non-economic harms resulting from the injuries or harm caused by the defendant’s actions. These non-economic damages aim to provide compensation for the pain and suffering endured by the deceased due to the wrongful actions of the defendant. Quantifying non-economic damages can be challenging, and expert testimony and evidence may be used to establish the extent of these losses. Ultimately, the goal is to ensure that the estate is fairly compensated for all the harm and losses suffered by the deceased before their passing.

Yes, you can generally file a Survival Action if your loved one died in a workplace accident caused by the negligence or wrongful actions of another party. In many jurisdictions, workplace accidents that result in fatalities are subject to specific legal remedies. In addition to potential workers’ compensation benefits, a Survival Action can be pursued to seek compensation for the harm and losses your loved one suffered before their death, such as medical expenses, pain and suffering, and lost wages. It’s essential to consult with an attorney experienced in workplace accidents and personal injury law to assess the specific circumstances of the case and determine the appropriate legal actions to take. Additionally, the laws and regulations governing workplace accidents can vary by jurisdiction, so it’s crucial to understand your rights and options in your specific location.

To obtain legal assistance for a Survival Action, you should follow these steps:

Research Attorneys: Start by researching attorneys who specialize in personal injury, wrongful death, or civil litigation in your area. Look for lawyers with experience in handling Survival Action cases.

Ask for Recommendations: Seek recommendations from friends, family members, or colleagues who may have experience with similar legal matters. They can provide valuable insights into the capabilities of potential attorneys.

Consultations: Schedule consultations with a few attorneys to discuss your case. During these meetings, ask about their experience, success rate, fees, and their approach to handling your case. This is also an opportunity to assess your comfort level and rapport with the attorney.

Check Credentials: Verify the attorney’s credentials, including their licensing, certifications, and any disciplinary history. You can typically do this through your state’s bar association website.

Review Agreements: Carefully review any fee agreements or retainer contracts provided by the attorney to ensure you understand the terms and costs associated with their legal services.

Choose an Attorney: Based on your consultations, select an attorney whom you believe is the best fit for your case.

Collaborate: Work closely with your chosen attorney, providing them with all necessary information, documents, and evidence related to the Survival Action. Maintain open communication throughout the legal process.

Follow Legal Procedures: Your attorney will guide you through the legal procedures, including filing the necessary paperwork, negotiating with opposing parties, and representing you in court if required.

Stay Informed: Stay informed about the progress of your case and ask questions if you have any concerns or uncertainties.

Remember that hiring an experienced attorney is crucial in navigating the complexities of a Survival Action, as they can help you build a strong case and ensure that your rights and interests are protected throughout the legal process.