When a person dies due to someone else’s negligence, their loved ones are left with profound grief and unexpected financial burdens. California law provides two main legal pathways to seek justice and compensation: wrongful death claims and survival actions.
While these pathways may seem similar, these two types of lawsuits serve different purposes and compensate for different losses. Understanding the distinction is crucial for determining the right course of action for your family.
What is a wrongful death claim?
A wrongful death claim compensates the decedent’s surviving family members for their personal losses. This includes the loss of financial support, household services and companionship they suffered due to their loved one’s death.
California law specifies who can file, with primary claimants being the surviving spouse, domestic partner and children. If no direct descendants exist, other relatives may qualify under the state’s intestate succession rules.
What is a survival action?
Meanwhile, a personal representative files a survival action on behalf of the deceased person’s estate. It is as if the decedent “survived” to bring their own personal injury lawsuit, seeking to recover damages they incurred between the time of injury and their death. These damages cover specific economic losses the estate can now claim.
- Medical expenses from the injury until death.
- Wages lost between the injury and death.
- Property damage related to the fatal incident.
- Punitive damages in cases of extreme misconduct.
The estate receives these damages and distributes them according to the decedent’s will or state law.
What are the differences?
The key practical difference lies in the types of compensation you can claim. A survival action cannot recover compensation for damages for the decedent’s pain, suffering or disfigurement, which is a major departure from a standard personal injury case.
However, it is often the only way to claim punitive damages. An attorney frequently files both actions at the same time to ensure full recovery for the estate and the surviving family members.
Get the compensation your family deserves
Facing the aftermath of a loved one’s death after an accident is incredibly difficult. The legal complexities of filing a claim can also add to the stress. Knowing the difference between these two claims is a crucial first step for those seeking justice.
