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Old 08-31-2018, 07:01 PM   #1
Sasssy70
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Default Wrongful death and Survival action claim caps

My question: are Wrongful death claims and Survival claims under the same Cap? My state caps on wrongful death malpractice claims $500,000.00. There is also a Survival action claim as well. Are there 2 separate caps for these claims or is it all combined? Thank You
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Old 09-01-2018, 04:14 PM   #2
AFFA
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Default Re: Wrongful death and Survival action claim caps

I wish to inform you that wrongful death claim is filed by spouse or parents or children of deceased. Survival action is filed by deceased's estate. While wrongful death claims include claim for suffering of family members in survival action claim is for loss to deceased estate.

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Old 09-01-2018, 04:36 PM   #3
Sasssy70
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Default Re: Wrongful death and Survival action claim caps

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I wish to inform you that wrongful death claim is filed by spouse or parents or children of deceased. Survival action is filed by deceased's estate. While wrongful death claims include claim for suffering of family members in survival action claim is for loss to deceased estate.

AFF

I understand what it is. We are the surviving parents. And the Estate as he is a minor. They have 2 components to the lawsuit. One is the wrongful death and one is survival. One has a 500k cap. The other is what I’m curious about. I’ve been told there is no cap on that & the other says it’s Also a 500k cap. Not that it even matters. The lawsuit has been in place several months & I never remembered to ask. As that was not my 1st concern. I’m just curious now.
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