What are 'survival statutes' in a wrongful death claim?

What are 'survival statutes' in a wrongful death claim?

Michael Ehline (Attorney at Law) gives expert video advice on: What is 'wrongful death'?; Who can sue for wrongful death?; How is the amount of damages determined in a wrongful death case? and more...

Survival statutes differ in wrongful death cases pretty much in that in a survival statute, unlike a wrongful death claim, you can recover for the pain and suffering of the decedent while he lived. Under a wrongful death claim, you can only recover for your loss of love, affection, and care, and your lost future economic support. But under the survival statutes of most states, you can also try and put in a claim to recover for the decedent's own pain and suffering.