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Liability

Wrongful Death and Survival Claims

A statutory claim by a decedent's survivors or estate for a death caused by another party's wrongful act, neglect or default.

Pleaded in 6 of the 98 matters on this docket

Governing law

State wrongful death and survival statutes, e.g. Cal. Civ. Proc. Code 377.60 and 377.30, Fla. Stat. 768.16

Damages

Depends entirely on the forum. Wrongful death statutes typically allow the survivors' loss of support, companionship and, in some states, grief; a survival action carries the decedent's own pre-death damages. Punitive damages are available in some states and barred in others.

Limitations period

Typically two years from death, but the statute is jurisdiction-specific and often shorter than the general personal-injury period.

Reference material about publicly available law, current as of the date this file was compiled. It is not legal advice and it does not describe anyone’s particular situation. Statutes and limitations periods vary by jurisdiction and change.

Matters pleading this claim

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