Setareh Law
January 26, 2025
When someone dies in California due to another party’s negligence, the surviving family members of the deceased generally have two avenues they can use to seek compensation. A wrongful death claim enables family members to seek compensation for the financial and psychological costs of their loss. At the same time, a survival action allows a personal representative of the deceased’s estate to claim damages for the economic and psychological losses that the deceased would have been able to claim if they had survived their injuries. These two avenues are collectively known as death and survival action claims.
Understanding survival action vs. a wrongful death action is an important part of determining the amount of compensation a family can receive after they’ve lost a loved one. An experienced attorney from Setareh Law can explain these two legal actions in greater detail and tell you more about the services our legal team can provide to help your family recover the maximum amount of compensation available.
What is a Wrongful Death Claim?
A wrongful death claim is a type of lawsuit filed on behalf of the surviving family members of a deceased person who died due to the fault of another party. The primary purpose of a wrongful death lawsuit is to provide compensation to the deceased person’s survivors for their losses. These losses can include financial support, emotional distress, and other damages that arise from the untimely death of a loved one.
Wrongful death claims can be initiated due to various reasons, such as negligence, recklessness, or intentional harm. By pursuing a wrongful death claim, surviving family members can seek justice and financial relief to help them cope with their loss.
What is a Survival Action?
A survival action is a type of lawsuit filed on behalf of the deceased person’s estate to recover damages that the deceased person would have been entitled to claim had they lived. Survival actions are typically pursued in situations where a victim is injured by another party’s negligence but survives the initial event only to succumb to their injuries later.
The goal of a survival action is to preserve the deceased person’s legal right to seek compensation for the suffering they endured before their death. This can include medical bills, lost wages, and pain and suffering. By filing a survival action, the deceased person’s estate can ensure that the responsible party is held accountable for the harm caused.
Wrongful Death Claims in California
Many accidental deaths can lead to a wrongful death claim in California. While some states require a wrongful death claim to be filed by a personal representative of the deceased’s estate, family members in California — such as the surviving spouse, parents, children, and other dependents who relied on the decedent for at least 50% of their financial support — can also file a claim. Additionally, the deceased person’s estate can seek compensation for financial losses suffered by surviving family members due to the negligent actions leading to the death.
The type of compensation that can be sought through a wrongful death case includes:
- Expenses related to a funeral service and burial or cremation
- Loss of financial support and household services
- Loss of parental guidance and training
- Loss of comfort, companionship, assistance, and affection
Wrongful death claims are filed against a relevant liability insurance policy held by the at-fault party. If the insurer who services that policy fails to pay the claim, it can be filed as a wrongful death lawsuit within two years of the date of death.
Eligibility to File a Claim
Only eligible parties are able to seek damages in a wrongful death suit or survival action. These usually involve individuals who either relied on the monetary support of the victim when they were living or those parties who would be responsible for paying the cost of medical bills and funeral and burial expenses of a deceased relative. The courts generally recognize the following as interested parties able to file suit on behalf of a deceased loved one: spouses, children, parents, siblings, and other dependents. Ensuring that the right individuals are identified to file these claims is crucial for the legal process to proceed smoothly and for justice to be served.
When a Survival Action Can Be Filed
While a wrongful death claim is intended to compensate the family for its losses after a loved one has died, a survival action is meant to compensate the estate for losses that were suffered by the decedent before death. A survival action claim is significant because it allows for the recovery of damages for the pain and suffering experienced by the deceased. Survival actions must be brought by a personal representative of the deceased’s estate. If the deceased did not have a will that named an executor, a person known as a successor-in-interest who stands to inherit from the estate can file the action.
Some examples of the types of losses that can be compensated through a survival action include:
- Medical bills related to the treatment of the deceased person’s final injuries
- Lost wages from the time of injury until the time of death
- Personal property damage sustained in the accident, such as damage to the deceased person’s vehicle due to a car accident
- The deceased’s pain and suffering before death
In some cases, a survival action claimant will also be awarded punitive damages, which involve compensation awarded to the claimant as a way to punish a defendant for extreme recklessness. Punitive damages are not available in wrongful death claims but can be sought through a survival action.
Damages in Wrongful Death Claims
In a wrongful death claim, the surviving family members may be entitled to recover various types of damages. These damages can be categorized into economic and non-economic losses. Economic damages include lost wages, medical expenses, and funeral and burial expenses. Non-economic damages cover emotional distress, loss of companionship, and loss of consortium.
Additionally, punitive damages may be awarded to punish the defendant for their wrongdoing. Other specific losses that can be compensated include the loss of financial support, such as the deceased person’s income and benefits, and the loss of services, including household chores and childcare. By understanding the full scope of potential damages, family members can better navigate the complexities of a wrongful death claim.
Other Differences Between Survival Actions and Wrongful Death Actions
Another difference between wrongful death actions and survival actions is whether the death of the decedent was immediate. For an executor or successor-in-interest to file a survival action in California, the decedent must have survived at least a short period following the accident. However, even if the death was immediate, the family members will likely be eligible to file a wrongful death claim. Death and survival actions are significant because they allow families to pursue different types of losses and damages associated with each type of claim.
If the decedent did survive for a long enough time to file a personal injury claim and their death occurred before that claim was compensated, the damages sought through the personal injury claim can be included in the survival action. While punitive damages are available through wrongful death and survival actions, in order for a claimant to receive them, it must be proven that the decedent incurred some type of economic loss before death.
Contact Setareh Law For Help Today
Losing a loved one is one of the most financially and emotionally devastating experiences a family can experience, especially if that loss was the result of someone else’s negligence. The legal team at Setareh Law knows all too well the difficulties that family members can encounter as they attempt to move forward after an unexpected death. Hiring a wrongful death attorney is crucial for proper legal representation to navigate these challenges. We have been fighting for our clients for many years, and we pride ourselves on the ability to be there for them in their time of need.
Let us help you understand the processes involved in seeking compensation through a wrongful death or survival action. We can answer any questions you have about your case. For your free case evaluation, contact us online or by calling (310) 659-1826. Our team also speaks Spanish.
