Survival Action: What It Entails

When someone dies due to someone else’s negligence, you may already know that you can file a wrongful death claim. What if that person did not die right away and instead had medical bills leading up to the end? Can you sue for those also? The answer is that you may be able to file a survival action claim against the negligent party.

Survival Action Damages

Understanding what a survival action is involves knowing what damages you can sue for. There are a number of different economic and noneconomic damages that you can include in a survival action. If there is evidence that someone acted negligently or with gross misconduct, you may also be able to sue for punitive damages. For instance, if your loved one was in a car accident with a drunk driver, you may be able to sue the driver for punitive damages. Punitive damages are to punish the individual through awarding you with more money.

Damages that you may add in the suit include:

  • Funeral expenses
  • Mental healthcare
  • Loss of household income
  • Loss of companionship
  • Mental anguish
  • Loss of inheritance
  • Out-of-pocket costs
  • Medical bills

Wrongful death covers the costs associated with the person’s death but also the costs of medical care and other expenses prior to the death.

Survival Action Filing

Under most state laws, only certain people can file a survival action lawsuit. Those who may file include the deceased person’s spouse, children, or parents. When it comes to survival action, survivors may file claims on their own or they may join together in one action and divide the settlement. If different people file claims separately, then it is more likely to go to court. If you are a surviving family member and your loved one did not die immediately, you may be able to file a survival action claim.

To lose a loved one is stressful enough without the costs associated with it. To know that you lost someone in your family due to the gross misconduct of another person can add stress to the situation. Medical and funeral costs can be difficult for any person to cover. It can become exponentially worse when you factor in what you lost because the person is no longer with you. Whether you lost companionship, inheritance, or your source of income, you are dealing with a loss that you deserve compensation for. Meet with a wrongful death lawyer, like a wrongful death lawyer in Houston, TX,  as soon as possible to weigh out your options.

Thanks to John K. Zaid & Associates for their insight into what survival action entails.