What is a survival action?

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Wrongful Death, on Wednesday, June 3, 2015

Wrongful death is the cause of action that many people think of first when they lose a loved one because of the negligent, reckless or intentional act of someone else. But there is another kind of lawsuit that can arise from circumstances that involve the death of a family member. This is known as a survival action.The main difference between a wrongful death claim and a survival action is how each defines its intended beneficiary. A wrongful death action is meant for the benefit of the surviving relatives: its purpose is to compensate them for the loss of their relationship with the decedent. Thus, loss of income expectation and pain and suffering damages are of the kind that those relatives can seek in a wrongful death action. A survival action by its name may be confusing to some: it is not intended for the benefit of surviving relatives, but rather preserves causes of action that accrued to the deceased before he died. The intended beneficiary in this kind of action is the estate of the deceased. Massachusetts law has codified survival actions to include specific torts like assault and battery, but can also include crimes having their origins in contract and other actions permitted by statute.This post is intended only to introduce the topic of survival actions, and not to be a thorough treatment of it. If you have experienced the recent loss of a loved one, and want to know more about possible legal remedies including actions for wrongful death and survival claims in Massachusetts, consulting with a personal injury attorney can help you to better understand your possibilities and if appropriate to take timely action on them.В