Wrongful demise cases center around the harm endured by surviving individuals. Conversely, survival actions aim to secure compensation that the victim would have been entitled to if they had survived.
The personal representative of the estate initiates survival actions, and payments are awarded in favor of the estate, which holds significant importance for the beneficiaries. The personal representative has the right to pursue compensatory damages, including expenses for property damage, medical costs, and lost earnings. Additionally, the personal representative can assert claims for non-economic damages, such as the agony and suffering endured by the deceased following a protracted struggle for survival.
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