Again, a wrongful death case usually consists of two causes of action, the wrongful death and a survivorship claim belonging to the estate. The estate can recover for the decedent’s pain and suffering before the death. In the pain and suffering case, the personal representative must show that the decedent knew what was happening. That is, the decedent must have been conscious at some point after the accident. Pre-impact terror is also compensable if a lawyer can demonstrate the decedent was aware of the likelihood of injury or death. The court will consider: Degree of decedent’s consciousness The severity of the pain suffered Decedent’s apprehension of impending death Duration of decedent’s suffering In the separate wrongful death action, the decedent’s survivors seek compensation for their economic losses resulting from the death. The elements that your attorney must prove are: Death caused by the wrongful conduct of the defendant, giving rise to an action that might have been available to the decedent, if the decedent were still alive Survival by distributes who have suffered a monetary loss due to the death Appointment of a personal representatives The damages to be awarded in the wrongful death case are solely for the decedent’s survivors, while the damages in the survivorship case go to the distributees of the decedent’s estate.