The Difference Between Wrongful Death Claims and Survival Actions
| February 20th, 2023
When someone you love dies due to another’s negligence or wrongful act, it can be a particularly challenging and emotional time. However, it is important to consider pursuing legal action to seek justice and hold the responsible parties accountable for their actions.
Many surviving family members and beneficiaries are unaware that in California, wrongful death claims and survival actions are different ways that families can pursue compensation. Understanding the legal elements of each claim can help you know which one to file to hold a negligent party responsible and receive a settlement for damages.
An experienced wrongful death attorney at Berg Injury Lawyers can guide you through your legal options after the death of a family member at the hands of someone else’s negligence.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members of a person who has died due to another person’s negligence or wrongful act. This claim can be filed whenever a person is killed as a result of an intentional act, carelessness, or recklessness of another person.
Accidents like car crashes, medical malpractice, construction site accidents, and slip-and-falls can be valid reasons to file a wrongful death claim.
In California, family members, such as the decedent’s spouse, children, or domestic partner, can bring a wrongful death claim. If the decedent is a minor, their parents or guardian can also file a claim.
In a wrongful death claim, the surviving family members can seek damages for losses and damages resulting from the decedent’s death. These damages may include:
- Medical and funeral expenses
- Loss of financial support and future earnings that the decedent would have provided to the family
- Loss of love, companionship, and other intangible losses suffered by the surviving family members
- Loss of guidance, care, and nurturing
- Loss of inheritance
What Is a Survival Action?
A survival action is a lawsuit that the deceased person would have been able to bring had they survived their injuries. It can only be filed if the deceased did not die immediately.
In California, a survival action may be brought by the personal representative of the decedent’s estate or by the decedent’s heirs. Damages are intended to compensate the decedent’s estate for losses suffered by the decedent before their death. These damages may include:
- Medical expenses incurred as a result of the decedent’s injuries
- Lost wages or income the decedent would have earned if they had survived
- Pain and suffering experienced by the decedent before their death
The damages recovered belong to the decedent’s estate and are distributed according to the terms of the decedent’s will or California’s intestate succession laws if the decedent had no will.
3 Primary Differences Between Wrongful Death Claims and Survival Actions
Three main differences exist between wrongful death claims and survival actions in California. Eligibility, damages, and compensation distribution differentiate these legal options for surviving family members.
- Eligibility. A wrongful death claim is filed on behalf of the spouse, child, parent, or any other person allowed under law who was financially dependent on the deceased. Whereas a survival action claim is filed on behalf of the deceased person by an estate representative.
- Damages. The damages recoverable in a wrongful death claim are focused on compensating the surviving family members for their losses. The damages recovered in a survival action compensate the decedent’s estate for losses suffered by the decedent before their death, such as pain and suffering.
- Distribution of damages. In a wrongful death claim, the damages are distributed to the surviving family members, while the damages are distributed to the decedent’s estate in a survival action. The estate then distributes the funds according to the terms of the decedent’s will.
Contact Berg Injury Lawyers for Support and Guidance
The death of a loved one is always tragic, but it is especially heartbreaking when it happens as a result of another person’s careless actions. If you are considering filing a survival action or wrongful death claim against the negligent party, seek the guidance of qualified California wrongful death lawyers at Berg Injury Lawyers.
Not only does our law firm have the experience and resources necessary to hold wrongdoers accountable, but our team is also compassionate and ready to defend those who have been unfairly harmed. Contact us for a confidential, free consultation so we may support and assist you.
