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Tuesday, October 24, 2017 3:00 5:00 p.m. World Trade Center, Sky Bridge Room, 26 SW Salmon, PortlandCommon Probate Mistakes in Wrongful Death, Survival Actions and Claims for Minors This program will
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01
Determine if you have a potential survival action, which is a claim for damages that the deceased could have pursued if they were still alive.
02
Identify the parties involved in the wrongful death claim, typically the surviving family members or estate of the deceased.
03
Gather evidence to support both the survival action and wrongful death claim, including medical records, witness statements, and any relevant documentation.
04
Consult with a legal professional who specializes in personal injury law to assist with filing the necessary paperwork and navigating the legal process.

Who needs survival action vs wrongful?

01
Survival action vs wrongful death claims are typically pursued by the surviving family members or estate of a deceased individual who has died as a result of someone else's negligent or intentional actions.
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Survival action is a legal claim that allows the estate of a deceased person to sue for damages that the person would have been entitled to if they were still alive. Wrongful death is a claim brought by the surviving family members of a deceased person, seeking damages for the death of their loved one caused by the negligence or wrongful act of another party.
The executor or personal representative of the deceased person's estate is typically required to file a survival action on behalf of the estate. The surviving family members may be the ones to file a wrongful death claim.
To fill out a survival action, you will need to gather evidence of the damages suffered by the deceased person before their death, such as medical bills and lost wages. For a wrongful death claim, you will need to show how the death of your loved one has impacted you and your family.
The purpose of a survival action is to allow the estate of a deceased person to recover damages that the person would have been entitled to if they were still alive. The purpose of a wrongful death claim is to provide compensation to the surviving family members for the loss of their loved one.
In a survival action, you must report the damages suffered by the deceased person before their death, such as medical expenses and lost wages. In a wrongful death claim, you must report how the death of your loved one has affected you and your family.
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