Wrongful Death + Survival Actions Flashcards
What 3 elements must the personal representative of a decedent’s estate prove in a wrongful death action?
(1) the defendant acted tortuously toward decedent; or other wrongful act/omission, (2) causation: in fact, and proximate and (3) damages
Who can bring a suit for a wrongful death action?
The administrator or executor of the decedent’s estate + the decedent’s survivors
What types of actions cannot be brought in a survival action?
(1) Causes of action for libel and slander, except slander, of title (2) Causes for false imprisonment, and (3) Causes of action where the relief sought could not be enjoyed or granting it would be nugatory after death.
What are the basic grounds to bring a wrongful death action?
Any tortious injury that caused someone’s death may be grounds for a wrongful death action.
Define “wrongful death action”
Wrongful death is a civil action against someone who can be held liable for a death.
Under CL, who was allowed to bring a claim for wrongful death?
no one because wrongful action did not exist at CL
What is the main difference between wrongful death & survival actions?
A survival action focuses on the suffering of the decedent rather than the grief and financial losses of the decedent’s family.
How are damages dispersed in a survival action?
through the deceased person’s estate
What damages can the decedent’s estate recover in survival action?
In a survival action, the decedent’s estate could recover damages relating to the pain and suffering of the victim and the decedent’s medical bills and lost earnings.
T/F:
Damages recovered in a survival action are dispersed directly to the decedent’s family members
FALSE, to the estate
Generally, who will bring forth a survival action?
A survival action is brought forth by the executor of the decedent’s estate
What damages are recoverable in a wrongful death action?
Damages can include:
(1) the grief and suffering the family has endured
(2) the current and future income they have lost because of their loved one’s death
(3) funeral expenses
(4) outstanding medical bills associated with the victim’s injuries.
In order to be awarded damages for loss of support, the family member must prove _____
that the deceased supported him/her financially and must prove the amount of the support
T/F:
If the decedent dies immediately as a result of some accident, their family is entitled to damages for their lost earnings
FALSE
If the decedent died immediately as a result of the accident, then the estate would be entitled to pain and suffering, if pain and suffering can be proved, but would not be entitled to damages for the deceased’s lost earnings.
Money recovered from Wrongful death actions can be dispersed to:
directly to the decedent’s family members
