Survival Actions Questions & Answers
Straight answers to what people ask most. These hold wherever you were hurt — for the deadlines and rules that depend on your state, choose your state below.
Survival Action vs. Wrongful Death, Explained
After a death caused by negligence, two related but distinct claims can arise, and families often find the difference confusing during an already painful time. The simplest way to understand it is by asking whose loss each claim addresses.
Read the answer →What Can the Estate Recover?
A survival action recovers, on behalf of the estate, the losses your loved one themselves suffered between the injury and their death. On the economic side, that generally includes the medical and hospital expenses they incurred for the injury and the income they lost during that period — real, tangible losses that belonged to your loved one.
Read the answer →How Much Does a Survival Action Lawyer Cost?
We handle survival actions, and the wrongful death claims often brought with them, on a contingency basis for the cases we take, which means there is no fee unless we recover for you. The fee is a percentage of the recovery, and if there is no recovery, you do not owe an attorney fee.
Read the answer →Questions about the law in your state?
Filing deadlines, fault rules, and limits on damages differ by state. Choose where you were hurt for answers under that state's law.
General information, not legal advice. Every situation is different, and the law differs by state.