Is a wrongful death claim different from a survivorship claim?

Yes, a wrongful death claim and a survivorship claim are different types of claims in Virginia. A wrongful death claim is brought by surviving family members when someone dies as a result of another person’s negligent or intentional act. The claim is meant to compensate the family for the loss of the deceased, such as loss of support, lost future earnings, medical expenses, funeral expenses, and other benefits that the deceased would have provided had they not died. In contrast, a survivorship claim is similar but is brought by the estate of the deceased to compensate for the pain and suffering endured by the deceased person. This encompasses items such as medical bills, funeral expenses, and other costs associated with the death of the deceased. It may also include compensation for emotional distress or physical pain — something that cannot be compensated through a wrongful death claim. Overall, a wrongful death claim and a survivorship claim are two separate and distinct claims in Virginia. The wrongful death claim is brought by surviving family members to receive compensation for the deceased’s death, while a survivorship claim is brought by the estate of the deceased to compensate for pain and suffering. Both claims are meant to provide justice for the death, depending on the specific circumstances.

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Is a wrongful death claim different from a survivorship claim?

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