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7 Cards in this Set
- Front
- Back
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What you can recover damages for with Wrongful Death Claims: |
1. Lost Wages 2. Compensation For Medical Expenses 3. Compensation For Funeral Expenses 4. Loss of Consortium
***In most places, you CANNOT get damages for claims such as "grief" and whatnot*** |
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Who can bring Wrongful Death Claims & What do they compensate for?
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FAMILY MEMBERS, and the claims compensate for the family member's OWN LOSSES based on the death of the victim;
***Concerns the family’s losses ONLY*** ***NOT the Victim's*** |
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Wrongful Death Claims can be made if the victim dies when? |
Either while the tort is taking place, or after the tort was committed/ended |
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Survivor Claims Definition: |
--A lawsuit brought on behalf of a decedent’s estate for injuries or damages incurred by the decedent immediately before they died.
--If not for the person’s dying, they would have made these types of claims normally.
(Provides for the estate’s recovery of damages occurred by the decedent, immediately before their death) |
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What is the window of time for Survival Claims? |
The interval of time between when the injury occurs and when the person dies.
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Survivor Claims can be made only if the victim dies at what point in time? |
After the tort is committed.
***There CANNOT be a claim if victim dies DURING the tort (instantaneously) ***
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What can you recover for with Survivor Claims? |
1) Damages that were incurred by the victim immediately before death.
2) The Victim's Pain & Suffering
**Does not allow recovery for slander or libel** |
