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    SURVIVAL ACTION AND WRONGFUL DEATH ACTION

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    DEFINE AND EXPLAIN THE DIFFERENCES BETWEEN A SURVIVAL
    ACTION AND A WRONGFUL DEATH ACTION.

    (2)IDENTIFY CHARACTERISTICS OF EACH ACTION.

    (3)CREATE A BRIEF FACT SITUATION THAT COULD LEAD TO BOTH A SURVIVAL ACTION AND WRONGFUL DEATH ACTION.

    © BrainMass Inc. brainmass.com October 9, 2019, 6:59 pm ad1c9bdddf
    https://brainmass.com/law/tort-law/survival-action-and-wrongful-death-action-104061

    Solution Preview

    A wrongful death action is filed by spouses, children, and/or parents of the deceased individual to compensate for their own personal loss whereas A survival action is taken on the part of the victim's estate for any pain and suffering the individual endured between the time of the accident and their actual time of death.

    http://www.qrglaw.com/PracticeAreas/Wrongful-Death.asp

    In order to bring a successful wrongful death cause of action, the following elements must be present:

    The death of a human being;
    Caused by another's negligence;
    Loss as a result of the death, and;
    The survival of family members or others named by a particular state's statute as being entitled to sue.

    A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

    Medical malpractice that results in decedent's death;
    Automobile or airplane accident; ...

    Solution Summary

    DEFINE AND EXPLAIN THE DIFFERENCES BETWEEN A SURVIVAL ACTION AND A WRONGFUL DEATH ACTION.

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