A survival action is a separate claim that compensates for what the decedent experienced before death, including pain and suffering.
This claim belongs to the Estate, not the family directly. The Estate may recover damages for:
- Conscious pain and suffering
- Fear of impending death
- Emotional distress before death
- Medical expenses incurred before death
- Lost earnings between injury and death
Even a brief period of awareness prior to the decedent’s expiration may support a claim for pain and suffering.
