Wrongful Death

Question 1

What is the impact of survival statutes?

Answer 1

Death of the victim or tortfeasor no longer abates a tort action and a claim can be brought by the death of the decedent

Question 2

What is a wrongful death statute?

Answer 2

All jurisdictions statutorily provide for an action by which either the theirs of a deceased victim or the personal representative of the victim’s estate may bring an action for wrongful death for their own losses resulting from the victim’s death, including wages the victim may have earned over their lifetime, damages including victims medical expenses, etc.

Question 3

What is a loss of consortium action?

Answer 3

When one spouse is killed ,the surviving spouse may bring a claim for intangible injuries of loss, comfort and companionship