Jump to Navigation

What is a survival action?

The anguish and stress that comes with seeing a loved injured in Bozeman is often compounded by the responsibility placed on you to care for him or her going forward. The expenses associated with such care may leave you with little choice but to seek compensation on his or her behalf from the party responsible for his or her injuries. Yet initiating such action may add further stress to your situation given that it is impossible to know what the future holds. What if, for example, your loved one dies before his or her case is resolved? 

Suddenly, you are left fighting for someone who is no longer living. Does such a fight stop with his or her death? According to Section 27-1-501 of Montana's Annotated Code, the answer to that question is no. This statute clearly state's that any action does not abate with the death of the party on whose behalf it was initiated. Rather, it transfers to you and/or his or her other representatives. 

Such a case is typically referred to as a "survival action" in that it survives the plaintiff. The damages that you may be awarded in such an action are meant to compensate your loved one for the pain and suffering he or she had to endure from the incident that led to his or her death. This differs from a wrongful death lawsuit in that damages for wrongful death are awarded to help you and other heirs endure the losses of support and companionship that your loved one's death leaves you with. 

The law does not allow you to bring a wrongful death lawsuit in conjunction with a survival action. The cases would be combined, and only damages for one would be awarded. 

No Comments

Leave a comment
Comment Information

How Can We Help ?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Cok Kinzler PLLP
35 North Bozeman Avenue
Bozeman, MT 59715

Toll Free: 800-677-6263
Fax: 406-587-9465
Map and Directions

Subscribe to this blog’s feed FindLaw Network