When a loved one passes away because of someone else’s negligence, families are often left not only with grief but also with financial and legal concerns. You may have heard about survival actions vs wrongful death claims, but figuring out which applies to your case can be confusing. Both claims aim to hold the at-fault party accountable, but each addresses a different type of loss—one for the family’s suffering and the other for the harm the deceased experienced before passing.
What Is A Wrongful Death Claim?
Under California law CCP 377.60, a wrongful death claim is a lawsuit filed by a deceased person’s family or estate when their loved one’s death was caused by someone else’s negligence, carelessness, or intentional actions.
Here’s what a wrongful death claim covers:
1. Economic Damages (Tangible Financial Losses)
- Medical Expenses – Any medical bills owed because of the injury that led to the person’s death.
- Funeral & Burial Expenses – Reasonable expenses for burial and funeral services.
- Loss of Financial Support – The income, benefits, or financial contributions the deceased would have provided to the family.
- Loss of Household Services – The value of services the deceased provided, such as childcare, home maintenance, or caregiving.
2. Non-Economic Damages (Emotional & Personal Losses)
- Loss of Companionship & Love – The emotional support and affection the deceased provided to their spouse or family.
- Loss of Parental Guidance – For minor children, the loss of a parent’s guidance, care, and upbringing.
- Emotional Distress – Grief, mental suffering, and the emotional toll of losing a loved one.
Who Can File a Wrongful Death Claim?
In California, a wrongful death claim can be filed by the deceased’s spouse, domestic partner, children, or other financial dependents. If none exist, the right may extend to other heirs, such as parents or siblings. In some cases, individuals who can prove they were financially dependent on the deceased may also be eligible to file.
Example: Imagine a husband dies in a car accident caused by a reckless driver. His wife and children can file a wrongful death lawsuit to receive compensation for their emotional loss and the financial support he would have provided.
What Is A Survival Action?
Under California CCP 377.30, a survival action allows the deceased’s estate to seek compensation for losses the deceased suffered before passing, such as medical expenses and pain endured due to an accident. If someone dies after an injury caused by another person, the surviving family can pursue a survival action to recover damages related to the decedent’s experience during their final days.
Survival actions can recover things like:
- Medical Expenses: If your loved one had expensive hospital bills before they passed, these may be covered.
- Pain and Suffering: If the deceased endured a lot of physical pain before passing, this can also be claimed.
- Lost Wages: If the person could not work before their death because of their injuries, that income could be considered in the claim.
Who Can File a Survival Action?
The deceased’s representative can file a survival action. However, if no successor-in-interest (such as a spouse or child) is appointed, a successor-in-interest can submit a legal affidavit to pursue the claim. A legal affidavit is a written statement sworn under oath confirming that the information provided is true.
Unlike wrongful death claims, compensation from a survival action goes to the estate, covering the deceased’s medical bills, lost wages, and pain and suffering before passing. The funds may be used to pay off debts and are distributed according to the deceased’s will or California’s intestate succession laws.
Example: Let’s say a father is severely injured in an accident and survives for a few weeks. During this time, he may have incurred significant medical costs and endured great pain. A survival action lawsuit can cover these expenses and hardships.
Key Differences Between Survival Actions & Wrongful Death Claims
Understanding the differences between wrongful death and survival actions ensures that families seek the right type of compensation. Filing both claims together provides the most comprehensive financial recovery.
Who Files the Claim?
- Wrongful Death: Filed by family members, including a spouse, children, domestic partner, or other financial dependents. If there are no immediate relatives, parents, siblings, or other heirs can be eligible to file the claim.
- Survival Action: Filed by the estate’s representative (executor or administrator). If no personal representative is appointed, a successor-in-interest (such as a spouse or child) can take over the claim by submitting a legal affidavit.
What Damages Are Covered?
- Wrongful Death: Focuses on the family’s financial and emotional losses, including:
- Medical bills related to the fatal injury.
- Funeral & burial costs.
- Loss of financial support (income & benefits the deceased would have provided).
- Loss of companionship, love, and parental guidance.
- Emotional distress suffered by surviving family members.
- Survival Action: Covers losses the deceased experienced before passing, such as:
- Medical expenses for treatment before death.
- Pain and suffering endured before passing (if applicable).
- Lost wages from the time of injury until death.
Who Receives Compensation?
- Wrongful Death: Compensation is paid directly to surviving family members who file the claim.
- Survival Action: Compensation goes to the deceased’s estate and is distributed according to the will or California intestate succession laws if no will exists.
Can You File Both Survival Action and Wrongful Death Claims?
In California, you can file survival action and wrongful death claims simultaneously. While a wrongful death claim compensates the family for their loss after the person passes away, a survival action covers what the person went through before their death. Filing both types of claims ensures all angles of the situation are covered.
Example: A pedestrian is hit by a truck and suffers severe injuries. They survive for a month before passing away. The family can file a survival action for their hospital bills and suffering and a wrongful death claim for their lost financial support and companionship.
Filing both claims can help the family achieve a fuller financial recovery, addressing the pain and the expenses on both sides.
Statute of Limitations for Survival Actions vs Wrongful Death in California
If you’re considering filing a survival action vs wrongful death claim in California, be aware of the legal deadlines. These time limits, called statutes of limitations, set the deadline for filing a legal claim. Waiting too long can mean losing your right to seek justice and compensation.
Here’s how long you have for survival actions vs wrongful death claims:
- Wrongful Death Claims: You must file within 2 years of the person’s death.
- Survival Actions: You also generally have 2 years to file. However, if the person’s death occurred long after the injury, the time limit could be based on the injury date, not the death date.
Delays can hurt your case. Missing the statute of limitations could mean losing the compensation you’re entitled to. Reach out to our experienced wrongful death attorneys for a free consultation!
How Our Experienced Attorneys Can Help You
At El Dabe Ritter Trial Lawyers, we have decades of experience successfully fighting for families who have lost loved ones due to negligence. Our personal injury attorneys are dedicated to securing your deserved justice and compensation.
What Sets Us Apart?
- Proven Results – Over 30 years of experience, securing multi-million dollar settlements and verdicts for wrongful death cases.
- Aggressive Advocacy – We stand up to insurance companies, corporations, and government entities to protect your rights.
- Thorough Investigations – Our team gathers critical evidence, consults expert witnesses, and builds a strong case to establish liability.
- Personalized Attention – Every case is unique. You’ll work directly with your attorney, ensuring clear communication and a strategy tailored to your situation.
- No Upfront Costs – We work on a contingency fee basis, meaning you don’t pay unless we win your case.
Seeking Advice from A Wrongful Death Attorney?
Your loved one’s story deserves to be heard, and justice shouldn’t wait. If you’re considering legal action, don’t delay—California law imposes strict deadlines on wrongful death and survival action claims.
We’re here for you if you’re unsure what steps to take. We offer free consultations so you can understand your legal options. Contact El Dabe Ritter Trial Lawyers now for a free consultation, and let’s fight for the accountability and compensation your family deserves.
Disclaimer: The information provided in this blog post is not intended as legal advice and should not be relied upon as such. You should consult with an experienced attorney for advice on your specific situation.
