How do wrongful death claims differ from other personal injury claims?

One main difference is that monetary judgments are awarded to the estate of the victim rather than to the victim him or herself. For a wrongful death case to proceed, an executor or personal representative of the victim must be appointed in a separate probate proceeding. Each state has different rules with regard to who can sue for wrongful death.

Wrongful death cases can also include damages for loss of companionship and affection and for the loss of future potential earning capacity of the deceased.

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