A wrongful death statute permits recovery of damages to the decedent's estate rather than damages incurred by survivors. True or false?

A wrongful death statute permits recovery of damages to the decedent's estate rather than damages incurred by survivors. True or false?

• A. True
• B. False
• C. Not applicable
• D. Depends on state

Answer: (B)

Wrongful death actions are intended to compensate the decedent’s survivors for their losses, not to recover damages for the decedent’s estate. In most jurisdictions, there are two related but distinct paths: a survival action, pursued on behalf of the deceased’s estate, allows recovery of damages the decedent could have claimed if they had lived (such as medical expenses or pain and suffering); and a wrongful death action, pursued by heirs or beneficiaries, compensates them for their own losses resulting from the death (like loss of financial support or companionship). Because the wrongful death statute targets the survivors’ losses, the statement that damages go to the estate instead is not correct. States vary in specifics, and some jurisdictions combine or separate these claims differently, but the general rule is that wrongful death awards go to survivors, not the estate.

Wrongful death actions are intended to compensate the decedent’s survivors for their losses, not to recover damages for the decedent’s estate. In most jurisdictions, there are two related but distinct paths: a survival action, pursued on behalf of the deceased’s estate, allows recovery of damages the decedent could have claimed if they had lived (such as medical expenses or pain and suffering); and a wrongful death action, pursued by heirs or beneficiaries, compensates them for their own losses resulting from the death (like loss of financial support or companionship). Because the wrongful death statute targets the survivors’ losses, the statement that damages go to the estate instead is not correct. States vary in specifics, and some jurisdictions combine or separate these claims differently, but the general rule is that wrongful death awards go to survivors, not the estate.