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

Author

Listed:
  • David Schap

    (Department of Economics and Accounting, College of the Holy Cross)

  • Victor A. Matheson

    (Department of Economics and Accounting, College of the Holy Cross)

  • David I. Rosenbaum

Abstract

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.

Suggested Citation

  • David Schap & Victor A. Matheson & David I. Rosenbaum, 2016. "Wrongful Death: Who Recovers What, Where, and How?," Working Papers 1616, College of the Holy Cross, Department of Economics.
    • Handle: RePEc:hcx:wpaper:1616
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    File URL: http://jle.aaefe.org/jle-volume22/vol22-issue2/wrongful-death-who-recovers-what-where-and-how.html
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    More about this item

    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics

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