In Georgia, survival action is a legal concept that allows certain types of lawsuits to continue even after the death of a plaintiff. This statute is crucial in situations where an individual suffers harm or injury due to the negligence or wrongful actions of another but tragically passes away before the legal proceedings are complete.
Survival Action Lawsuit: Suing on Behalf of a Deceased Person
A survival action is a legal concept that allows certain types of lawsuits to continue even after the death of the injured party. This means that the estate of the deceased person can pursue a lawsuit to recover damages that the individual would have been able to recover had they lived.
How a Survival Action Works
Survival of the Cause of Action
The survival of the cause of action is a fundamental principle in survival action lawsuits. It ensures that the legal claim, or cause of action, can continue even after the death of the injured party. This means that the estate of the deceased person can step into the shoes of the deceased and pursue the lawsuit on their behalf.
Damages Recoverable
The types of damages that can be recovered in a survival action lawsuit are generally limited to those that accrued to the deceased person before their death. These may include:
- Medical Expenses: Costs associated with treatment and care related to the injury.
- Lost Wages: Income lost as a result of the injury and inability to work.
- Pain and Suffering: Compensation for physical and emotional pain experienced before death.
It’s important to note that punitive damages, which are designed to punish the wrongdoer, are typically not recoverable in survival actions.
Who Can Sue?
A legal representative of the deceased person’s estate, such as an executor or administrator, is typically the party authorized to file and pursue a survival action lawsuit. This individual is responsible for representing the interests of the estate and ensuring that the legal process is handled appropriately.
“If you’re an executor or administrator who’s continuing a lawsuit on behalf of someone who has passed away, it’s very important that you contact a fiduciary attorney. Lawsuits are difficult enough to deal with; matters only get more complicated when you’re representing the interests of a deceased person. Experienced fiduciary attorneys can guide you through the legal process and help you make the right choices.”
-LeAnne M. Gilbert, Attorney, Gaslowitz Frankel
Related Blog: What an Executor Cannot Do – And Also What They Can
Example of Survival Action
Imagine a scenario where a person is involved in a car accident caused by another driver’s negligence. The injured person suffers significant injuries and later passes away due to those injuries. In this case, the estate of the deceased person could file a survival action against the negligent driver to recover damages for the pain and suffering, medical expenses, and lost wages that the deceased person incurred before their death.
Related Blog: Executors & Trustees: What to Know About the Fiduciary Duty of Loyalty
Survival Action vs. Wrongful Death
As we’ve discussed, a survival action allows the estate of the deceased person to pursue claims for damages that the deceased person suffered before their death. This includes pain and suffering, medical expenses, and lost wages.
A wrongful death lawsuit, on the other hand, allows the surviving family members of the deceased person to recover damages for their own losses resulting from the wrongful death.
Related Blog: [ link to blog “can you sue an estate for pain and suffering” when posted ]
Key Differences:
- Purpose: Survival actions focus on the deceased person’s losses, while wrongful death actions focus on the losses of the surviving family members.
- Damages: Survival actions primarily involve economic damages, while wrongful death actions can include both economic and non-economic damages.
- Plaintiff: In a survival action, the estate of the deceased person is the plaintiff. In a wrongful death action, the surviving family members are the plaintiffs.
It’s important to note that the specific damages recoverable in a wrongful death lawsuit can vary depending on state law.
How to Handle a Survival Action Lawsuit
Survival action lawsuits are complex legal matters that require careful consideration and experienced legal representation. Contact Gaslowitz Frankel if you’re dealing with such a scenario in Georgia. Our experienced team of fiduciary attorneys can litigate the case for the estate you’re administering.
