What is a Survival Action in Personal Injury?

Many types of cases can be considered personal injury cases, and survival action cases are one such type.

Wrongful death accident lawyers understand these cases and what type of damages can be obtained from them. Read on to learn about survival actions and how they differ from wrongful death.

Understanding Kentucky Survival Actions

Survival actions are civil cases usually handled by personal injury lawyers.

These cases are brought when the accident victim survived for a short period of time following the accident and then perished as a result of their injuries.

The length of time of that period between injury and death could be minutes, hours, or, if they are hospitalized first, even days. 

Survival action claims can differ from wrongful death-type cases, where the action is brought by the victim’s family (child, parents, spouse).

An estate representative can also bring a survival action.

They can also differ in the recoverable damages that can be awarded.

Survival actions can be brought against the liable party when someone dies in an auto accident or other type of personal injury case.

Types of Damages Available in Survival Action Claims

Several different types of damages can be awarded in a survival action.

Incurred expenses such as medical bills and lost income are usually the first type of damages to be quantified, followed by punitive damages such as pain and suffering.

Other factors that can add to the damages include consideration for the length of time that the victim survived before death and how high their pain levels were during that time.

Our attorneys understand the damages and can ensure you claim everything you’re entitled to.

Who Can Bring a Survival Action Claim?

Those who can bring a survival action claim are the representatives of the deceased’s estate.

These are usually called the executors of the estate and would have been named in the deceased’s will or appointed by a court to that role.

The estate makes all claims, not those made by a survivor, and the money won from a claim is paid into the estate to pay back medical costs and other debts. Anything left over goes to the survivors in a disbursement.

Here’s an example scenario:

Mary is the executor of Jessica Tate’s Estate, and Ms. Tate’s husband, Jason Tate, is the surviving spouse.

Jason cannot bring a suit for survival action in Kentucky, but Mary could.

Should Mary receive a settlement in the case, that money would be paid into the Tate Estate and would first be used to pay debts, replace lost income, etc.

There is $100,000 left over.

Once all the debts are paid, these remaining funds will be distributed to the survivors, such as Jason.

Examples of When Survival Action Claims Might Arise

There are many types of accidents that can result in a survival action claim such as workplace accidents, medical malpractice and car accidents.

Most personal injury accidents can be a survival action case if the victim dies as a result of injuries from the accident.

One example of a survival action case is someone injuring themselves by falling at their home and then going to the emergency room at their local hospital.

Let’s say, in this example, they are seen and treated at the hospital and then, on the way home, are struck by a reckless driver and then die as a result of their injuries from the car accident.

The death had nothing to do with the fall that originally sent them to the hospital, but the surviving family will have to pay the charges that resulted from the emergency room visit.

A survival claim can include the emergency room debt in a civil case against the driver who hit the deceased and caused their death.

Contact Sam Aguiar Injury Lawyers

The experienced team of attorneys at Sam Aguiar Injury Lawyers is always ready to discuss compensation claims for injuries and death.

Survival actions are one such case that can be brought against anyone causing death to another party through an accident to settle that estate’s debts, lost wages, and pain and suffering.

Personal injury lawyers who know Kentucky law can guide those seeking compensation and help them understand what can and can’t be included in the damages.

We provide a free case assessment to any potential client.

During this assessment, we will review all the information and advice on how best to proceed, giving you peace of mind without financial obligation. 

Call 502-888-8888 or 859-888-8000.

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