Difference between wrongful death and survival statutes?

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UCFundergrad
Posts: 43
Joined: Thu Nov 04, 2010 7:32 pm

Difference between wrongful death and survival statutes?

Postby UCFundergrad » Sun Apr 22, 2012 10:04 pm

If someone could help me with an example I'd appreciate it. From what I understand survival statutes are just for if P dies while his suit is going on.

Say for example D hits P with D's car and P dies 6 months later from complications from the car accident. What are the scenarios relating only to wrongful death and survival statutes? Thanks!

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LeDique
Posts: 12715
Joined: Tue Nov 02, 2010 2:10 pm

Re: Difference between wrongful death and survival statutes?

Postby LeDique » Sun Apr 22, 2012 11:03 pm

Here's my notes:

Wrongful Death
Brought by family + limited to immediate family. Brought on their own behalf.
Compensates: income (lost future earnings) & other forms of support (loss of consortium damages, possibly emotional distress, depending on jurisdiction) that survivors lost by virtue of killing
Statutory

Survival Actions
Brought by estate on behalf of the victim
Compensates: harm that the decedent suffered up to the moment of her death (medical expenses, funeral expenses, lost earnings between the time of injury and time of death, sometimes pain and suffering prior to death)
Does NOT recover future wages.

UCFundergrad
Posts: 43
Joined: Thu Nov 04, 2010 7:32 pm

Re: Difference between wrongful death and survival statutes?

Postby UCFundergrad » Sun Apr 22, 2012 11:50 pm

Thanks!




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