Survival and Wrongful Death

Question 1

Survival and Wrongful Death - Script

Answer 1

• As P’s beneficiary, X will be able to recover Wrongful Death and Survival damages from any defendants (list defendant(s)).
• The Wrongful Death and Survival Code articles govern who has the right to bring an action when the victim dies. In this case, X is within the top level of beneficiaries, as the ___ of P, and has the right to bring the actions.
• Survival actions allow the beneficiary to recover for damages suffered by the victim while the victim was still alive. Does not apply if victim died instantly. Here this will include [P’s pain and suffering, medical damages, etc.] from (time of injury) to (time of death).
• Wrongful death damages include the beneficiary’s own damages for lost love and support (including consortium). Thus, X will be allowed to recover for their own damages related to P’s death.
• In both types of actions, the theories of liability against the defendant(s) are the same theories applicable if the decedent were still alive.

Question 2

Permissible Beneficiaries

Answer 2

• WD and survival beneficiaries are the same.
• Once you find a beneficiary in a category, all beneficiaries within that category can recover, and no one in a lower category can recover.
• The categories are (in order):
  (1) Surviving Spouse and Children
  (2) Surviving Parents
  (3) Surviving Siblings
  (4) Surviving Grandparents
  (5) Succession Representative (for survival actions only)