What is the difference between wrongful death and survival claims for ski accidents?
Wrongful death and survival claims for ski accidents involve two very different types of legal procedures. Wrongful death claims are typically brought by the family of the deceased skier or by the estate of the deceased skier against the entity responsible for their death. In a wrongful death claim, the family or estate of the deceased skier seeks compensation for economic losses suffered as a result of the death, such as medical costs, lost wages, and pain and suffering. Additionally, North Dakota law also allows for the family to seek punitive damages in wrongful death claims. Survival claims are typically brought by the injured skier themselves. In a survival claim, the injured skier is seeking compensation for economic losses such as medical costs, lost wages, and pain and suffering. Additionally, North Dakota law also allows for the successfully injured skier to seek punitive damages in survival claims. The main difference between wrongful death and survival claims is that wrongful death claims are brought by the family of the deceased skier or the estate of the deceased skier while survival claims are brought by the injured skier. The types of damages sought in wrongful death and survival claims are generally the same, although some North Dakota laws allow families of deceased skiers to seek punitive damages in wrongful death claims.
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