Survival Action
Definition
A lawsuit filed on behalf of a deceased person's estate for the pain and suffering they experienced between the time of the accident and their death.
Real-World MVA Example
A crash victim survives for three weeks in the ICU before passing away. Their estate files a survival action for the pain, suffering, and medical costs during those three weeks.
Related Terms in Legal Process
Class Action
A lawsuit where a group of people with similar injuries or claims sue a defendant together as a single case, rather than filing individual lawsuits.
Defendant
The person or entity being sued in a lawsuit. In a car accident case, this is typically the at-fault driver, but can also include their employer or a vehicle manufacturer.
Deposition
Sworn, out-of-court testimony where attorneys ask you questions and your answers are recorded by a court reporter. It happens before trial during the discovery phase.
Discovery
The pre-trial phase where both sides exchange information, documents, and evidence related to the case. This is how your attorney builds the strongest case possible.
Interrogatories
Written questions sent by one side to the other during the discovery phase of a lawsuit. You must answer them under oath within a set deadline.
Mass Tort
A type of legal action where many individuals who were harmed by the same product or action file individual lawsuits that are coordinated together for efficiency.
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