What is the main outcome of a derivative action in wrongful death claims?

A derivative action in wrongful death claims primarily focuses on representing the rights and interests of the decedent. In this context, the plaintiff, who typically is a family member or heir of the deceased, brings the lawsuit on behalf of the estate and for the benefit of the heirs. This mechanism ensures that the claims that the decedent could have pursued if alive are addressed, such as claims for pain and suffering, lost wages, and other damages.

By allowing individuals to step into the shoes of the decedent, derivative actions maintain the integrity of the deceased's legal rights and allow the estate to seek compensation that reflects the decedent's experience and potential losses. Thus, the aim is not only to provide justice for the deceased but also to ensure that any damages awarded benefit those who were economically dependent on them or who suffer a loss due to their untimely death.