How is a wrongful death claim different from an estate claim?

A wrongful death claim is a civil lawsuit that seeks compensation from a person or entity whose negligent or intentional act caused the death of another. In contrast, an estate claim is a legal action brought by the estate of the deceased individual, often to recover damages for medical bills, funeral expenses, and loss of financial support from the deceased person. In Virginia, wrongful death claims are governed by the Virginia Wrongful Death Statute. This law establishes the right for certain surviving family members to bring claims against a person or entity whose negligent or intentional actions resulted in death. Eligible family members include the spouse, children, parents, and other heirs of the decedent. In Virginia, a wrongful death claim must be brought within two years of the date of the decedent’s death. An estate claim is brought in probate court by the decedent’s executor or administrator. This claim seeks reimbursement for medical bills, funeral expenses, and other debts that the decedent’s estate may owe. The estate claim may also seek compensation for the loss of financial support from the deceased individual. In summary, a wrongful death claim is a civil lawsuit brought by the family of the deceased against the person or entity responsible for the death. An estate claim is a legal action brought by the estate of the deceased to recover debts and financial losses. Both claims must be brought within two years of the date of the decedent’s death, and both require access to evidence and expert testimony.

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How is a wrongful death claim different from an estate claim?

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