Survival Action

A survival action is brought about because of the personal injuries suffered by the decedent prior to a wrongful death. When a third party's actions cause a person to suffer an injury, that person can pursue a personal injury claim. If those injuries result in the victim's death, the claim is still valid. The claim becomes a survival action (the action "survives" the victim's death) and can be pursued by the deceased's survivors in an attempt to recover for the pre-death damages suffered by the deceased.

The grounds for pursuing a survival action are the "conscious suffering" endured by the deceased before death. This refers to the degree of consciousness, severity and duration of the apprehension of impending death (before death). While it may be difficult for family members to consider such factors, the lawyer handling your claim should be familiar with personal injury litigation and have access to a variety of medical experts that will help establish the circumstances of the deceased's passing and present the trauma caused to the deceased by his/her wrongful death.

If you suspect that your loved one suffered a wrongful death or if you simply need more information, please contact us immediately at 800-966-4999 and see why our law firm has recovered over $100 million on behalf of our clients.

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