Law Dictionary

survival action


Legal Definition of survival action

  1. :  an action for the recovery of damages for injury to a fatally injured person that is brought by his or her personal representative — compare wrongful death action

Additional Notes on survival action

A survival action depends on the existence of a cause of action that the decedent would have had if he or she had survived. A wrongful death suit is concerned with injury to beneficiaries, not the decedent.

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a brief usually trivial fact

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