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SURVIVAL ACTION
A survival action is brought by the administrator of a deceased person's estate in order to recover loss to the estate resulting from a tort. A survival action continues in the decedent's personal representative a right of action which accrued to the decedent at common law because of a tort. A survival action, unlike a wrongful death action, is not a new cause of action. Where death is caused by negligence, both a survival action and a wrongful death action may be brought.

The information provided herein is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered.

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