If a person is fatally injured by another person’s carelessness (“negligence”) but does not die immediately, after his death, in addition to a wrongful death action, a “survival action” may be brought by his or her estate for the period between the time the fatal injury was inflicted and the time of his or her death.
For example, if a person is badly burned by a gas explosion caused by another’s negligence and lingers for two months before dying, his or her estate may file a survival lawsuit to recover the medical expenses incurred, lost wages, pain and suffering, and other damages he or she may have incurred during the period he or she was alive. In our example of the person who was badly burned, damages for two weeks of severe pain and intense suffering, and medical bills may be considerable.
Don’t guess about your legal rights. If you feel like you may have a Survival Action as a result of a wrongful death, call and talk to a lawyer now: 310.882.6810
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Tags: survival action, wrongful death
