Accident Lawyer Wrongful Death Claims 3

Question 1

What is the primary difference between a wrongful death lawsuit and a survival action?

Accepted Answer

Wrongful death compensates survivors for their own losses; survival actions compensate the estate for the decedent's pre-death losses

Answer

Wrongful death is a criminal proceeding; survival actions are civil

Answer

Survival actions are only available when the defendant is also deceased

Answer

There is no legal difference between the two claims

Question 2

Which factor most directly affects the calculation of lost future income in a wrongful death claim?

Accepted Answer

The deceased's age, occupation, and projected life expectancy

Answer

The defendant's net worth

Answer

The number of eyewitnesses to the accident

Answer

Whether the deceased had a valid driver's license

Question 3

When can punitive damages be awarded in a wrongful death case in the United States?

Accepted Answer

When the defendant's conduct was particularly reckless, malicious, or egregious

Answer

In every wrongful death case automatically

Answer

Only if the defendant has prior criminal convictions

Answer

When the plaintiff is a minor child

Question 4

What is 'pecuniary loss' in the context of wrongful death damages?

Accepted Answer

Financial losses such as lost income, services, and financial support

Answer

Emotional suffering caused by the death

Answer

The cost of hiring an expert witness

Answer

Pain and suffering the deceased experienced

Question 5

How does the discovery rule affect the statute of limitations in wrongful death cases?

Accepted Answer

It starts the limitations clock when the cause of death is discovered, not just when death occurred

Answer

It extends the filing deadline indefinitely

Answer

It eliminates the need to file within any time limit

Answer

It applies only to medical malpractice wrongful death claims

Question 6

In wrongful death cases involving a minor child as the plaintiff, why is court approval often required for settlements?

Accepted Answer

To protect the minor's financial interests since they cannot legally enter binding contracts

Answer

Because minors must personally argue their case in court

Answer

Because insurance companies require judicial oversight

Answer

To allow the defendant to appeal the settlement amount

Question 7

Which professional is most commonly retained to calculate economic damages in a wrongful death lawsuit?

Accepted Answer

A forensic economist or vocational expert

Answer

A certified public accountant filing tax returns

Answer

A coroner or medical examiner

Answer

A licensed real estate appraiser