Wrongful Death and Survival Action Claims

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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?

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?

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?

Wrongful death damages focus on the survivors' losses, while survival action focuses on the deceased's damages Signup and view all the answers

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?

False Signup and view all the answers

What is the purpose of a survival action claim?

To recover damages for the pre-death damages of the deceased Signup and view all the answers

How is the value of a wrongful death or survival action claim determined?

By assessing the amount of economic and non-economic damages that a jury would at trial, multiplied by the Defendant’s percentage of liability Signup and view all the answers

What are common challenges faced in proving liability in wrongful death claims?

Establishing negligence and causation Signup and view all the answers

Which statement best describes the legal nature of wrongful death claims?

Each heir of a wrongful death claim has a separate and personal claim, but these are often required to be litigated jointly to avoid multiple lawsuits against the defendant. Signup and view all the answers