There are two separate and distinct causes of action in death cases: survivorship cause of action and wrongful death.
● Survivorship cause of action belongs to the estate for decedent’s pain and suffering prior to death.
● Wrongful death cause of action belongs to distributees who have suffered pecuniary loss by reason of death.
In any death case, there will be a unified trial. The Burden of proof is still the plaintiff’s, but not as high a burden a…
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