What is the difference between wrongful death and survival claims for ski accidents?
Wrongful death and survival claims are two types of claims for ski accidents in Virginia. A wrongful death claim is brought by the family or estate of the deceased skier. This type of claim can include damages for the pain and suffering of the deceased skier prior to their death, funeral expenses, medical expenses, and other related costs. Additionally, family members can be compensated for the loss of their loved one, including the mental anguish of losing them. A survival claim is brought in a situation where the deceased skier survives the accident, but passes away later as a result of the injury they sustained. The survivors can receive compensation for the pain and suffering of the skier before their death, medical expenses related to the accident, and any future lost wages due to the skier’s injury. In both wrongful death and survival claims, the individual or family bringing the claim must prove that the other party was negligent and that the negligence was the direct cause of the skier’s death or injury. Skiers also need to be aware of their responsibilities while on the slopes. If they fail to follow the rules, they could be held liable for any damage or injury that occurs to others.
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