1. Generally actions brought together
1.1. % awarded to survivorship; % awarded to wrongful death
2. Income is projected over life expectancy
2.1. % of income to family is attributed to wrongful death claim
2.2. % of income to self attributed to survivor ship claim
3. Survivorship
3.1. Statutory claim brought by the estate of the deceased to compensate pain & suffering, physical injury, medical bills
3.1.1. Pain and Suffering before death
3.1.2. Medical bills accumulating before death
3.1.3. Lost wages and property due to hospitalization.
3.2. If death is due to Medical Malpractice without proximate cause, may bring independently of wrongful death
4. Wrongful Death
4.1. Statutory cause of action brought by beneficiaries for the death of their loved one
4.1.1. Try for:Pecuniary Losses
4.1.1.1. Loss of Support
4.1.1.1.1. All financial support lost, had the victim lived
4.1.1.2. Loss of Society
4.1.1.2.1. Love, Affection
4.1.1.2.2. Loss of Consortium
4.1.1.3. Loss of Services
4.1.1.3.1. Training, education Etc.
4.1.2. Examines the quality of relationship
4.1.2.1. Majority don't apply to children
4.1.2.2. Evidence of happiness or discord
4.1.2.3. Remarriage after death,
4.1.2.4. Most will hold inadmissible, but some will allow under loss of consortium
4.1.3. Speculative future earnings
4.1.3.1. Generally invalid, unless already earning
4.2. Will Always receive at a minimum: Funeral and Burial expenses
4.2.1. Also a pecuniary Loss
4.3. Tort must be linked as the cause of death
4.3.1. Death must be A cause of death
4.3.1.1. Even w/ another cause (Ex. Smoker worked w/ asbestos)
4.4. Toughest to bring for death of child or childless adult
4.5. Children
4.5.1. Wasn't initially a claim until Selders v. Armentrout
4.5.1.1. Children weren't expected to live long, often didn't earn substantial income
4.5.2. Speculative Future Income
4.5.2.1. Based on prodigal ability is commonly rejected unless already earning , winning etc.
4.6. Childless Adult
4.6.1. Majority will allow parent to be the beneficiary if no spouse or children
4.6.2. Some do require financial dependency of the parent on the child
5. Defenses to:
5.1. If viable during lifetime, the defense will carry over to the wrongful death/ survivorship claim
5.2. Actions before death can prevent future claims after death
5.2.1. Minority states that a claim that was released can still be brought because victim cannot sign away right of beneficiary