What is the difference between wrongful death and survival claims for ski accidents?
When it comes to ski accidents, wrongful death and survival claims are two different types of legal action. A wrongful death claim is a civil lawsuit that is brought against the party who is responsible for the death of another person. This type of legal action is brought by a family member or other representative of the deceased person’s estate. The goal of a wrongful death claim is to recover compensation for the pain and suffering, medical bills, lost wages, and other financial losses resulting from the death of the victim. A survival claim is a legal action brought by the decedent’s estate. This type of claim is aimed at recovering damages for the pain and suffering endured by the victim before death. The goal of a survival claim is to restore the decedent’s estate to the same financial position it was in prior to the accident. Unlike a wrongful death claim, a survival claim does not seek compensation for the deceased person’s estate. In Delaware, the statute of limitations for filing a wrongful death or survival claim is two years from the date of the ski accident. If the claim is not filed within this two-year window, it will be barred and the injured party’s estate will be prevented from recovering damages. It is important to contact a qualified attorney to determine what type of claim is most appropriate and to ensure that the claim is timely filed.
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