What is a "Survival Action?"

If someone dies an untimely death related to another's actions, a survival action may brought for the benefit of the Estate, and includes any damages that the decedent could have sought, had he or she not died.

Therefore, you need to prove negligence, recklessness, or intentional conduct.

The following damages can be obtained in a survival action:

1. Medical bills incurred in the accident;

2. Pain and suffering incurred before death; and

3. Possibly punitive damages if the at-fault party was reckless or acted intentionally.