Wrongful Death and Survival Action Claims
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Questions and Answers

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?

    <p>Wrongful death damages focus on the survivors' losses, while survival action focuses on the deceased's damages</p> 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?

    <p>False</p> Signup and view all the answers

    What is the purpose of a survival action claim?

    <p>To recover damages for the pre-death damages of the deceased</p> Signup and view all the answers

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

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

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

    <p>Establishing negligence and causation</p> Signup and view all the answers

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

    <p>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.</p> Signup and view all the answers

    If a Plaintiff passes away due to injuries sustained during an accident, do we automatically have a wrongful death claim or a survival action?

    <p>None of the above</p> Signup and view all the answers

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