Wrongful death claims are similar to other personal injury claims, but they’re unique in the sense that they involve the death of a human being. There is the actual wrongful death that is brought by the person’s loved ones for the loss of their life. Underneath that, there’s also a separate claim that’s called a survival action, and that is actually brought in the name of the estate of the person who is deceased. The damages there are related to issues such as the pain and suffering that the person experienced when they died, and can also involve other things like medical expenses. Wrongful death cases, like other personal injury cases, can also involve punitive damages. Depending on the type of actions committed by the negligent actor, those punitive damages may be awarded. Punitive damages are typically awarded if you can show that the actor was not only negligent but that they were reckless, that they did something that was outrageous and that the person deserves to be punished.
There's a separate claim that’s called a survival action, and that is actually brought in the name of the estate of the person who is deceased. The damages there are related to issues such as the pain and suffering that the person experienced when they died, and can also involve other things like medical expenses. Also punitive damages, depending on the type of actions committed by the negligent actor, those punitive damages may be awarded.
Thanks! Your answer is awaiting moderation.