What is the action called that survives after the death of a person injured by an offense?

The action that survives after the death of a person injured by an offense is known as a survival action. This type of legal action allows the decedent's estate to pursue claims that the injured person could have pursued if they were still alive. It serves to compensate the estate for losses incurred prior to the person's death, such as pain and suffering, medical expenses, and lost wages.

Survival actions focus on the rights of the deceased individual rather than the beneficiaries of the estate. The legal basis for such actions is rooted in the idea that the cause of action that arose from the injury does not simply vanish upon death but can be pursued by the estate in order to seek compensation from those responsible for the offense.

Understanding this concept is vital in the context of personal injury law, as it distinguishes survival actions from wrongful death actions, which are focused on the losses suffered by the heirs or beneficiaries after the death of the person injured. In the case of a survival action, the focus is directly on what the deceased could have claimed, not on the emotional or financial suffering of the survivors.