survival action
survival action. A lawsuit brought on behalf of a decedent’s estate for injuries or damages incurred by the decedent immediately before dying. • A survival action derives from the claim that a decedent would have had — such as for pain and suffering — if he or she had survived. In contrast is a claim that the beneficiaries may have in a wrongful-death action, such as for loss of consortium or loss of support from the decedent. Cf. WRONGFUL-DEATH ACTION . [Cases: Death 10. C.J.S. Death §§ 21, 102.]
