survival statute
A survival statute, or survival action, allows a deceased person’s estate to bring or continue litigation posthumously on the deceased person’s behalf. Under a survival statute, someone who was harmed by personal injury or negligence and filed an action but passed away before their claim was resolved, can still recover. Their claim will “survive,” and the decedent’s estate can recover damages for the harm or losses the deceased experienced. Survival statutes typically allow the estate to recover damages the decedent suffered from an accident up to the date of their death, such as medical bills, lost wages, property damage, and in some cases, pain and suffering. These actions may be brought by a personal representative of the decedent’s estate, such as an executor or administrator, or a successor in interest if there is no personal representative appointed. Survival statutes are different from wrongful death actions which are filed by family members and allow the deceased’s family to recover.
Individual states have their own requirements for survival actions within their jurisdiction. For example, in California, the statute of limitations for bringing a survival action is two years after the act or six months after the person’s death, whichever is later. See: C.A. Code of Civil Procedure (CCP) §377.30. However, New York’s survival statute generally allows this type of claim to be brought within three years. See: N.Y.S. Estate Power & Trusts Law (EPTL) §§ 11-3.2 - 11-3.3.
[Last reviewed in June of 2026 by the Wex Definitions Team]
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