What is the extent of recovery for wrongful death actions?

In wrongful death actions, the recovery typically focuses on what the deceased person could have claimed had they survived. This includes any personal injury damages that the deceased could have pursued due to their suffering and pain before death. Therefore, the recovery in such cases is often limited to the extent that the deceased would have been able to recover had they lived, factoring in their potential economic losses, such as lost future earnings and medical expenses incurred prior to death.

Choosing this answer emphasizes that while beneficiaries may also seek compensation for their own emotional grief and loss, the legal framework primarily revolves around the rights and losses of the deceased individual. Recognizing the recovery aspects in this way aligns with the legal standards for wrongful death actions across various jurisdictions, which generally allow beneficiaries to step into the shoes of the deceased for the purpose of seeking damages that the deceased could have pursued if they were alive.

Options that suggest emotional distress alone, just future earnings, or solely non-economic damages are narrower in scope and do not capture the comprehensive approach taken in wrongful death claims where both economic and some non-economic losses of the deceased can be accounted for.