What distinguishes a survival action from a wrongful death action?

A survival action and a wrongful death action are two distinct legal claims that arise in the context of someone's death. The key difference lies in the type of damages sought in each action.

In a survival action, the estate of the deceased person can pursue damages that the deceased would have been entitled to before their death. This may include compensation for lost wages, pain and suffering experienced before death, medical expenses, and other types of losses that the individual incurred due to the wrongful act leading to their death. The focus here is on the rights of the deceased person and the damages they would have pursued had they lived.

On the other hand, a wrongful death action is brought by surviving family members or beneficiaries of the deceased, seeking damages that are meant to compensate them for their loss. These damages may include loss of companionship, emotional distress, and funeral expenses. The focus is on the survivors’ loss rather than the deceased’s rights or damages.

Thus, the distinguishing factor is indeed the type of damages sought, as each action addresses different aspects of the loss and the claims available to different parties.