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

Wrongful death claims and survival claims are two distinct forms of legal action for ski accidents that occur in New York. A wrongful death claim seeks damages for the victim’s family, typically for loss of companionship and financial support, and can be filed by the victim’s personal representative or a close family member. In New York, wrongful death claims must be filed within two years of the accident. A survival claim, on the other hand, is filed on behalf of the person who was injured in the ski accident and seeks damages for pain and suffering, medical expenses, and lost wages. This claim survives the victim’s death and can be brought by a personal representative of the estate or a family member. In New York, survival claims must be filed within three years of the accident. The main difference between the two types of claims is that wrongful death claims are brought by a family member on behalf of the deceased while survival claims are brought on behalf of the deceased by their estate. Additionally, the statute of limitations for each type of claim is different in New York, with wrongful death claims needing to be filed within two years and survival claims needing to be filed within three years.

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

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