Wrongful Death and Survival Actions Pleading, Proving and Valuing

A. Wrongful Death Damages

1) Hospital, Nursing, Medical Expenses
2) Funeral Expenses
3) Administrative Expenses
4) Pecuniary loss to beneficiaries less probable cost of maintenance
5) Spouses' loss of services, society, companionship
6) Parents' loss of services of a child
7) Minor child's loss of guidance and nurture

Not subject to estate or inheritance taxes or claims of creditors.

Distributed according to intestate laws to qualified beneficiaries regardless of will.

B. Survival Action Damages

1) Decedent's pain & suffering from accident until death
2) Loss of earnings from accident to death
3) Loss of future earnings through life expectancy less maintenance less contributions to beneficiaries.

Subject to estate and inheritance taxes and claims of creditors. Distributed according to will or intestate laws.

Authors: Jon Perry and Neil Rosen