Podcast
Questions and Answers
What is the main legal basis for wrongful death and survival action claims?
What is the main legal basis for wrongful death and survival action claims?
- Breach of contract
- Negligent or intentional harm that results in the death of another (correct)
- Property damage
- Breach of warranty
How does a survival action claim differ from a wrongful death claim?
How does a survival action claim differ from a wrongful death claim?
- It is filed by the family, not necessarily the estate
- It seeks to recover property damage
- It is filed by the estate, not necessarily the family (correct)
- It seeks to recover only non-economic damages for the family
What are the key pieces of evidence typically used in wrongful death and survival action claims?
What are the key pieces of evidence typically used in wrongful death and survival action claims?
- Police report and death certificate with probable cause of death
- The deceased's medical records
- Video footage and pictures
- All of the above (correct)
What is the main focus in the structure of damages between wrongful death and survival action claims?
What is the main focus in the structure of damages between wrongful death and survival action claims?
John Smith, a 40-year-old father of two, died in a construction site accident in Los Angeles. The Incident occurred when a poorly secured beam, property of ABC Construction Co., fell and struck him as he was passing by the site. John was not an employee of the construction company and was simply walking on a public sidewalk adjacent to the site. The death was instant, but regardless, poor John! Mrs. Smith, his widow and representative of his estate, can pursue a Survival Action claim?
John Smith, a 40-year-old father of two, died in a construction site accident in Los Angeles. The Incident occurred when a poorly secured beam, property of ABC Construction Co., fell and struck him as he was passing by the site. John was not an employee of the construction company and was simply walking on a public sidewalk adjacent to the site. The death was instant, but regardless, poor John! Mrs. Smith, his widow and representative of his estate, can pursue a Survival Action claim?
What is the purpose of a survival action claim?
What is the purpose of a survival action claim?
How is the value of a wrongful death or survival action claim determined?
How is the value of a wrongful death or survival action claim determined?
What are common challenges faced in proving liability in wrongful death claims?
What are common challenges faced in proving liability in wrongful death claims?
Which statement best describes the legal nature of wrongful death claims?
Which statement best describes the legal nature of wrongful death claims?
If a Plaintiff passes away due to injuries sustained during an accident, do we automatically have a wrongful death claim or a survival action?
If a Plaintiff passes away due to injuries sustained during an accident, do we automatically have a wrongful death claim or a survival action?
