Wrongful death & survival claims Flashcards
What is wrongful death?
A claim brought by the estate or the beneficiaries to recover damages and is not subject to the decedent’s creditors.
What type of damages can one recover under a wrongful death claim?
Compensatory and nominal damages.
What are loss to dependents?
the direct financial benefit the decedent was giving you, economic loss.
What is lost inheritance?
The amount the decedent would have left his or her heirs.
what are non- economic damages?
loss of love, affection, guidance and relationship can be collected but there must be proof of the strength of the relationship.
What is a survival claim?
A claim brought by the estate for the estate but creditors that were owed money by the injured can collect on damages.
the damages a dead person would get if he or she was still alive.
you have to prove consciousness to collect pain and suffering.
what type of damages can you recover under a survival claim?
All types of damages that the decedent could get if he or she were still alive.
