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survival action

A survival action is a claim made by the estate of the decedent in conjunction with a wrongful death claim, alleging damages sustained by the decedent between the time of injury until their actual death.

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survival action

A survival action is a claim made by the estate of the decedent in conjunction with a wrongful death claim, alleging damages sustained by the decedent between the time of injury until their actual death.

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Such damages can include medical expenses, income loss, and pain and suffering. In effect, survival actions "survive" despite the person's death. Most states allow spouses, parents, and children to bring survival claims.