What is the difference between wrongful death and survival claims for ski accidents?

Wrongful death and survival claims are two legal claims that exist in California law with regard to ski accidents. In a wrongful death claim, the family of the deceased skier can pursue a legal action against the responsible party and recover damages for the loss of companionship, emotional pain and suffering, and funeral expenses, among other things. A survival claim is meant to increase the amount of compensation for the injured skier, or their family if the skier is deceased. This claim can cover past and future lost wages, medical expenses, and pain and suffering. The key difference between wrongful death and survival claims is the aspect of suffering. In wrongful death cases, the family of the deceased skier is compensated for the suffering of the lost loved one. In a survival claim, the injured skier is compensated for their own suffering and the suffering that their family will experience as a result of their injury. In California, wrongful death and survival claims are both governed by the same statute. The statute provides that the responsible party must show gross negligence or a reckless disregard for the safety of the skier in order to be held liable. This means that any negligent act on behalf of the responsible party can potentially lead to a successful claim. It is important to consult with a ski accident attorney in order to understand the legal implications of any ski accident.

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What is the difference between wrongful death and survival claims for ski accidents?

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