Questions
What is the primary purpose of a survival action?
- To compensate the estate of a deceased person for damages suffered before death.
- To punish the defendant for causing the death of the deceased person.
- To provide financial support to the deceased person's family.
- To deter others from engaging in similar conduct.
Who can bring a survival action?
- The deceased person's spouse.
- The deceased person's children.
- The deceased person's parents.
- The deceased person's estate.
What types of damages can be recovered in a survival action?
- Medical expenses.
- Pain and suffering.
- Lost wages.
- All of the above.
What is the statute of limitations for a survival action?
- One year.
- Two years.
- Three years.
- Four years.
What defenses can a defendant raise in a survival action?
- Contributory negligence.
- Assumption of risk.
- Statute of limitations.
- All of the above.
What is the difference between a survival action and a wrongful death action?
- A survival action is brought by the deceased person's estate, while a wrongful death action is brought by the deceased person's family.
- A survival action seeks to recover damages for injuries suffered by the deceased person before death, while a wrongful death action seeks to recover damages for the family's loss of support and companionship.
- A survival action has a shorter statute of limitations than a wrongful death action.
- All of the above.
In which state did the concept of survival actions originate?
- England
- United States
- Canada
- Australia
What is the main purpose of a survival statute?
- To allow the estate of a deceased person to recover damages for injuries suffered before death.
- To provide financial support to the deceased person's family.
- To punish the defendant for causing the death of the deceased person.
- To deter others from engaging in similar conduct.
Which of the following is NOT an element of a survival action?
- Death of the plaintiff.
- Injury to the plaintiff.
- Causation.
- Damages.
What is the measure of damages in a survival action?
- The value of the deceased person's lost earning capacity.
- The deceased person's pain and suffering.
- The deceased person's medical expenses.
- All of the above.
Which of the following is NOT a defense to a survival action?
- Contributory negligence.
- Assumption of risk.
- Statute of limitations.
- Act of God.
What is the survival action's relationship to the wrongful death action?
- They are mutually exclusive.
- They are alternative remedies.
- They are cumulative remedies.
- They are unrelated.
In which state did the first survival statute originate?
- Massachusetts
- New York
- Pennsylvania
- Virginia
What is the survival action's relationship to the estate of the deceased?
- The survival action is brought by the estate of the deceased.
- The survival action is brought against the estate of the deceased.
- The survival action is unrelated to the estate of the deceased.
- None of the above.
Which of the following is NOT a type of survival action?
- Medical malpractice.
- Product liability.
- Negligence.
- Breach of contract.