What is a survival claim?
In a wrongful death case, the beneficiaries sue for their own losses. However, in many cases, the decedent’s estate may also have claims for things like costs of medical care, costs of funeral expenses, and any pain and mental anguish that the deceased endured between the time of injury and the actual point of death. These claims, called “survival claims,” are governed by a separate statute with separate rules. One should contact an experienced injury attorney to learn about potential survival claims.