What is Survival Action in California? How It Differs from Wrongful Death
When a loved one dies because of someone else’s carelessness or negligent conduct, the emotional toll is overwhelming. Families are suddenly faced not only with grief but also with unexpected medical bills, funeral expenses, and the loss of financial and emotional support. At the same time, legal questions quickly arise: What rights do we have? Can we hold the responsible party accountable? What kind of wrongful death action can we take?
In California, two legal tools are commonly used in these situations: the wrongful death claim and the survival action. To many families, these terms sound familiar, and it’s easy to confuse them. Both exist to provide a measure of justice and financial recovery, but they address very different aspects of loss.
In this blog, we’ll break down what is a survival action, the difference between wrongful death claims in California, and why knowing the differences is necessary if your family is seeking accountability and justice.
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What Is Survival Action In California?
A survival action is a special type of claim that continues the legal rights the deceased person had before passing away. Instead of compensating the family directly for their loss (as in a wrongful death claim), a survival action focuses on the damage the decedent personally suffered between the time of the injury and the time of death.
Unlike a wrongful death claim, a survival action is filed by the personal representative of the state (or the heirs if there is no representative). Any recovery obtained becomes part of the state’s assets and is distributed to heirs in accordance with California law.
What is the California Code of Civil Procedure for survival action?
Survival actions are authorized under California Code of Civil Procedure CCP § 377.30. This section makes it clear that a cause of action that survives a person’s death may be brought by the decedent’s personal representative or, if none exists, by the decedent’s successor in interest.
In simple terms, this statute ensures that the right to pursue damages doesn’t vanish with death. Instead, those rights “survive” and may be enforced through the state.
What is the statute of survival actions in California?
Timing is crucial in survival actions. Under California law, most survival actions must be filed within two years of the injury. However, if the death occurs after the injury, the law provides an additional rule: the survival action must be filed within six months after the decedent’s death, even if the original two-year period would have expired sooner.
This statute of limitations can be confusing, which is why families often need legal guidance to ensure their claim is filed on time. Missing the deadline can mean permanently losing the right to compensation.
Survival Action vs. Wrongful Death
Though often filed together, these claims are not interchangeable. The main difference can be broken down into several categories:
1. Who can file?
- Survival action lawsuit: Filed by the personal representative of the estate or, in some cases, the decedent’s heirs.
- Wrongful death: Filed directly by surviving family members, such as the spouse, domestic partner, children, or other financial dependents and beneficiary.
2. Type of damages
- Survival action claim: Covers damages the decedent suffered while alive, such as medical expenses, lost wages before death, and conscious pain and suffering.
- Wrongful death: Covers damages the family suffers due to the loved one’s death, such as loss of financial support, loss of companionship, loss of guidance, and funeral/burial expenses. May include punitive damages to punish the responsible.
3. Purpose
- Survival action: Seek justice on behalf of the decedent, carrying forward the legal claims they could have pursued.
- Wrongful death: Seeks compensation for the surviving family’s losses after the death.
4. Timing Focus
- Survival action: Looks at the period between the injury and the family member’s death.
- Wrongful death: Looks at the impact starting from the time of the victim’s death and projected into the future.
In short: a survival action protects the rights of the decedent, while a wrongful death claim protects the rights of the family.
Can You File A Wrongful Death And A Survival Action?
Yes. California law allows families to pursue both claims together when applicable. This is important because each type of action addresses different harms. By filing a wrongful death and survival action, families can seek a more comprehensive recovery of damages. However, these cases are complex.
The overlap between a California wrongful death lawsuit and survival actions requires careful handling to avoid procedural errors and to maximize recovery. For instance, the statute of limitations may differ depending on when the injury occurred versus when the death occurred. Additionally, damages must be carefully separated to ensure both claims are properly presented in court.
An experienced wrongful death attorney in California can help determine:
- Which claims apply to your situation.
- Who has the legal right to file.
- What damages can be pursued.
- How to structure the case to seek the maximum compensation allowed by law.
Knowledge is Power — Use It to Pursue the Justice Your Family Deserves
Losing a loved one is devastating, and the legal terminology can make the process feel overwhelming. In California, understanding what is survival action and the difference from a wrongful death lawsuit is key to ensuring that all available rights are exercised.
If your family has lost someone due to negligence, it’s important to act quickly and seek professional guidance. These legal claims not only hold wrongdoers accountable but also provide financial support to families during one of the most difficult times of their lives.
Call a personal injury lawyer in California to get advice and representation. Trust our team and get a free consultation today. Hablamos español.
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