You may already be familiar with the cause of action of wrongful death, which can arise whenever a loved one of yours dies as the result of a negligent, reckless or intentional act of another person. But are you aware that there is another potential cause of action that can take place in connection with the death of the same loved one? In New York, this additional potential legal claim is known as a survival action.””
The basis of a survival action is that what survives” is any cause of action for personal injury that a plaintiff may have
Some unique characteristics of a survival action in New York include:
Wrongful death and survival actions can both originate from the death of the same individual. For anyone seeking to determine whether either or both of these causes of action is available after the preventable death of a loved one, a personal injury attorney can provide useful assistance.
