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

Wrongful death and survival claims for ski accidents are both civil suits based on fault, or negligence, for a ski-related death. In wrongful death claims, the surviving family members of the deceased individual sue the party or parties responsible for the death. These claims are made to seek compensation for the pain and suffering the decedent experienced before death, as well as any medical expenses resulting from the accident. Additionally, wrongful death claims seek to recover any lost wages and benefits of the deceased, including loss of future earnings. In a survival claim, the deceased individual’s estate is the plaintiff. This claim seeks to recover for all losses the decedent would have been entitled to had they survived, including any medical expenses, lost wages, and pain and suffering. A survival claim can also seek compensation for any pre-death anxiety or mental anguish the decedent experienced. In Utah, it is important to note that all wrongful death and survival claims must be filed within two years from the date of the ski accident. If a claimant fails to file a claim within this timeline, they may be prevented from doing so.

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