Is a wrongful death claim different from a survivorship claim?
Yes, a wrongful death claim and a survivorship claim are different. In California, wrongful death claims are intended to provide financial compensation to surviving family members who have suffered damages as a result of the death of a loved one due to the negligence or wrongdoing of another person or organization. Specifically, damages may include medical and funeral expenses, lost wages, lost inheritance, lost companionship, and emotional pain and suffering. A survivorship claim is a type of lawsuit that is filed by a surviving family member after the death of a loved one due to the negligence or wrongdoing of another person or organization. This type of claim is intended to compensate the surviving family members for the pain and suffering that they have experienced since the loved ones death. The damages may include lost wages, medical expenses, pain and suffering, and punitive damages. Even though both wrongful death claims and survivorship claims involve damages due to the death of a loved one, the two are distinct and are intended to provide compensation for different types of harm. Wrongful death claims are intended to compensate family members for financial losses and emotional damage, while survivorship claims are intended to compensate family members for pain and suffering.
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