Wrongful Death: Who Recovers What, Where, and How?

State law determines how recovery of damages in wrongful death cases occurs, either through a wrongful death action, a survival action, or a combination of the two. Who may recover and what may be recovered under each type of action can be profoundly affected by where the matter is adjudicated. After exploring and explaining these salient aspects, a set of stylized examples highlight the major differences between wrongful death actions and survival actions.