Chicago Personal Injury Lawyer

Survivorship Actions

Frequently, when an individual is injured by the negligent actions of another, he or she does not die immediately. Unfortunately, it is not uncommon for there to be a degree of pain and suffering prior to death. Survivorship actions exist to fill in the gap between the negligent action and the actual death of the individual which can be covered by a wrongful death lawsuit.

While it is closely tied to a wrongful death case, survivorship actions are actually completely separate from wrongful death. They are not lawsuits that the deceased’s survivors file to display their loss of a person or because they are survivors. Rather, survivorship actions are for individuals who took some time to die between a negligent action and death.

A survivorship claim is a claim that could have been brought by the deceased in his or her life to recover damages from someone’s negligent act. If a person hits an individual with a car, there is a tort and a claim there. Survivorship claims allow the tort that would have existed if the individual had survived to also survive and be brought by the estate.

The claim covers the conscious pain and suffering as well as the monetary damages that were sustained prior to death. The damages sought can include the medical care received by the injured party as well as any damage to property, particularly in the event of a car accident.

The estate will frequently file a wrongful death lawsuit at the same time a survivorship lawsuit is filed.

Contact a Chicago Personal Injury Lawyer

For more information on survivorship actions and other rights of an estate, contact the Chicago personal injury lawyer of Friedman & Bonebrake at 312-466-8200 today.