Wrongful death damages and survival damages arise from distinct claims that must be pursued by a decedent’s personal representative in one action. Survival damages belong to the estate and may only be claimed by the decedent’s heirs. Wrongful death damages belong to the decedent’s survivors and are not restricted to his or her heirs.
In re Est. of Bennett, 2013 MT 230,
0 Mont. L. Rev.
Available at: http://scholarship.law.umt.edu/mlr/vol0/iss1/3