Survival and Wrongful Death Flashcards
1
Q
Survival
A
Allow one’s cause of action to survive death of one or more of the parties.
Applies to actions involving torts to property & resulting in personal injury.
**intangible personal interest torts expire @ death (defamation; IOP; MP)
2
Q
Wrongful Death
A
Grants recovery for pecuniary injury resulting to spouse and next of kin.
Recovery ONLY allowed to the extent that deceased could’ve recovered in action had he lived. *(Cont. Neg reduces recovery of deceased or beneficiary in comparative negligence state)
*Creditors of deceased have no claim against amount awarded.
