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Wrongful death and Survival action claim caps

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  • Sasssy70
    Junior Member
    • Aug 2018
    • 2
    • United States

    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
  • AFFA
    Top Level Member
    ☆☆☆☆☆☆☆☆☆☆☆☆
    • Dec 2009
    • 23890

    #2
    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.

    AFF

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    • Sasssy70
      Junior Member
      • Aug 2018
      • 2
      • United States

      #3
      Re: Wrongful death and Survival action claim caps

      Originally posted by AFFA
      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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