Torts/Personal Injury
Feb. 16, 2024
Understanding the nuances of survival and wrongful death actions
Section 377.34 now allows recovery for pain, suffering, and disfigurement damages in survival actions filed between Jan. 1, 2022 and Jan. 1, 2025.
A wrongful death action is an action brought by the family members of a decedent. In many instances, it is the spouse and/or children of the decedent. In other instances, it is the parents of the decedent. A wrongful death action belongs to the surviving heirs. In essence, it is an independent claim on behalf of the decedent’s heirs for damages they personally suffered on account of the death. See C.C.P. § 377.60.
A survival action is an a...
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