Beyond a Wrongful Death Claim, What Is a “Survival Action”?

January 28, 2022 | By Steffens Law Office
Beyond a Wrongful Death Claim, What Is a “Survival Action”?

If you’re reading this, chances are you’ve lost a loved one, and we’re so sorry. We know that looking through these pages and educating yourself about this case may be painful. No one should have to endure this alone, and our hope is to help take some of the burden off your shoulders. One way of doing that is with filing a survival action claim.

What Exactly is a Survival Action?

After a wrongful death claim, a survival action is an action or claim made to recover what the decedent (the one who passed away) could have, had they survived the incident. The personal representative can add this to the wrongful death claim to recover what can’t be legally recovered by a wrongful death action alone.

wrongful death survival action NebraskaWhat Compensation Can Be Claimed by Pursuing a Survival Action?

With a survival action, a personal representative can claim compensation for:

  1. The decedent’s pain and suffering, or fear of imminent injury or death.
  2. The decedent’s loss of property, like a wrecked vehicle and the destroyed property inside the vehicle.
  3. Any medical bills incurred.
  4. Any funeral expenses.
  5. Any lost earnings up until the time of death.

Unfortunately, these things can’t be recovered with a wrongful death action. Adding a survival action to the wrongful death claim will help to recover more of what was lost in the passing of your loved one.

Much Like a Wrongful Death Claim, A Survival Claim is Also:

  1. Brought by the personal representative.
  2. Filed in the county court where the decedent passed away.

There is a four-year statute of limitation with this claim, meaning that a claim must be filed in the county court, or settled, before four years have passed since the decedent’s death.

Contact Our Experienced Nebraska Wrongful Death Lawyers Today!

Even though nothing can replace your loved one, our Nebraska wrongful death lawyers want to equip you with the tools to recover just compensation for this horrific accident. The legal system is complicated and it can be difficult to understand your options. No one should have to undergo this process alone.

If you have any questions concerning a wrongful death claim or a survival action, please give us a call at (308) 872-8327 or fill out the contact form on this page. Our compassionate and knowledgeable wrongful death lawyers in Nebraska will walk you through each step and help you understand what to do next.