Wrongful Death

In situations where a negligent party causes injury that result in death, the negligent party is responsible both for wrongful death damages and survival damages. Wrongful death damages are the loss suffered by the Estate and follow to certain designated beneficiaries. The action is brought by the Estate. Damages include the loss to the Estate by the death of the injured party, wages, economic losses, and the loss of love, affection, and companionship. Survival damages are the injuries and damages sustained by the injured person prior to their death. If an individual is hurt in an automobile accident, survives for an extended period of time, but later dies as a result of that accident, the injuries that were sustained while the party was alive are not extinguished by death but survive and can be recovered through a legal action.