Is a wrongful death claim different from a survivorship claim?

Yes, a wrongful death claim and a survivorship claim are different. A wrongful death claim is a lawsuit brought by the personal representative of an estate, on behalf of the surviving family members, against an individual responsible for the death of their family member. This type of lawsuit seeks compensation for the pain, suffering, and expenses caused by the death of a loved one. On the other hand, a survivorship claim is a lawsuit brought by an individual survivor of a deceased person, typically the spouse or child, against a person or persons responsible for the death of their loved one. This type of claim seeks compensation for the pain, suffering, and financial losses experienced by the surviving party. In Washington, wrongful death claims are subject to a statute of limitations. This means that the claim must be made within three years of the death in order for the court to have jurisdiction. If a claim is brought after the three-year period, the court will most likely dismiss the case. On the other hand, survivorship claims do not have a statute of limitations, so a claim can be made at any time after the death. The difference between the two types of claims is that a wrongful death claim is brought on behalf of the surviving family members, while a survivorship claim is brought on behalf of an individual survivor. These claims have different statutes of limitations and seek different types of compensation.

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