What is the relationship between wrongful-death actions and survival actions if both are recognized in a jurisdiction?

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The correct answer emphasizes that wrongful-death actions and survival actions are independent legal remedies designed to address different aspects of harm arising from the same underlying incident.

A wrongful-death action is typically brought by the surviving family members or beneficiaries of a deceased person, allowing them to claim damages for their own losses as a result of the death. These damages often include loss of companionship, emotional distress, and financial support the deceased would have provided.

On the other hand, a survival action is filed on behalf of the deceased's estate and allows for the recovery of damages the deceased could have pursued had they lived. This includes compensation for pain and suffering, medical expenses incurred before death, and lost wages up to the point of death.

Since these actions serve different purposes—one focusing on the losses incurred by the survivors and the other on the deceased's own losses—they do not overlap. Therefore, a party may pursue both types of actions concurrently, leading to separate recoveries without creating a situation of double recovery for the same losses. This independent nature of the two actions is essential within tort law, as it recognizes the distinct claims arising from the same wrongful act.

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