The loss of a loved one due to someone else’s negligence can be devastating, leaving families unsure about the next steps. While no legal action can replace the emotional loss, pursuing financial compensation may provide some support during a difficult time.
In California, two primary legal options exist for seeking compensation after such a loss: wrongful death vs survival action claims. Differentiating between wrongful death claim and survival action definitions is important in determining the appropriate path to take in seeking justice for the deceased person.
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What is a Wrongful Death Claim?
In the context of wrongful death vs survival action, a wrongful death claim is initiated by the surviving family members or the estate of an individual who has died due to another party’s negligence or intentional misconduct.
In California, this legal option allows relatives, such as spouses, children, or parents, to receive compensation for the financial and emotional losses stemming from their loved one’s death. Recoverable damages may include funeral expenses and burial costs, lost income, and the loss of companionship and emotional support.
Unlike survival action, which focuses on the rights of the deceased, a wrongful death claim centers on the suffering experienced by the surviving family members. It is designed to address the financial and emotional toll on the survivors, rather than the pain endured by the deceased prior to passing. Only certain family members and dependents can file this type of claim under California law. This ensures that those most affected by the loss receive compensation for their hardships.
Survival Action Definition
The survival action claim refers to a legal claim that allows the estate of a deceased individual to seek compensation for damages the deceased would have been entitled to if they had survived. In California, a survival claim is brought by the personal representative of the estate and focuses on recovering losses such as medical expenses, lost wages, and pain and suffering that the deceased experienced before passing.
Unlike wrongful death personal injury claims, which are designed to compensate surviving family members, the survival action definition centers on the deceased’s rights. It allows the estate to pursue claims on behalf of the deceased for the harm and losses they endured before their death.
Wrongful Death vs Survival Action: Main Differences
When comparing wrongful death vs survival action, the distinction comes down to who receives compensation and what losses are addressed. Although both types of claims deal with the consequences of a person’s death, their key differences focus on purpose.
Who files the claim
A wrongful death action is brought by surviving family members, such as a spouse, children, or parents. On the other hand, a survival action lawsuit or claim is initiated by the personal representative of the deceased’s estate.
Who is compensated
Wrongful death claims provide compensation to the surviving family members, helping to address their personal financial loss and emotional pain. In contrast, survival actions direct compensation to the estate of the deceased, covering losses the deceased experienced before passing.
Types of damages
Wrongful death damages refer to compensation for expenses like funeral costs, lost income, and the emotional toll of losing a loved one. Survival actions focus on damages such as medical bills, lost wages, and pain and suffering that the deceased endured before death.
Focus of the claim
A wrongful death claim focuses on the impact the death has had on the surviving family, including emotional and financial hardship. A survival action centers on the suffering and rights of the deceased, addressing the harm they experienced before their death.
Who Can Initiate or File the Claims?
Based on the wrongful death and survival action definition in California, the following individuals can file a wrongful death claim:
- Surviving Spouse or Domestic Partner. The spouse or registered domestic partner of the deceased has the right to initiate the claim.
- Children. This includes biological children and adopted children.
- Parents. If no spouse or children are surviving, the deceased’s parents can file a claim.
- Other Dependents. Stepchildren, putative spouses, or individuals who were financially dependent on the deceased may also file a claim, though this is less common.
If none of these parties file a claim within 60 days of the death, the personal representative of the estate may pursue the claim on behalf of the estate.
Meanwhile, survival action claims can be initiated by:
- Personal Representative of the Estate. The executor or administrator appointed by the court can file the survival action on behalf of the deceased’s estate.
- Heirs. If no personal representative exists, the heirs of the deceased may file the survival action. The heirs typically include the same individuals eligible to file a wrongful death lawsuit or claim.
Damages Recoverable in Wrongful Death Claims
When examining wrongful death vs survival action, it is important to recognize the differences in the types of damages that can be recovered. In wrongful death claims, surviving family members may seek compensation for various type of damages stemming from the loss of their loved one.
The specific damages recoverable may vary based on individual circumstances, but they generally include the following:
- Economic Damages. These are quantifiable losses, including funeral and burial expenses, medical bills incurred before the fatal accident, and lost wages or financial support that the deceased would have provided to their family. This can also cover property damage.
- Non-Economic Damages. These damages reflect the intangible losses experienced by the survivors, such as emotional distress, loss of companionship, and the overall impact of the loss on their quality of life.
- Loss of Consortium. This refers to the loss of the deceased’s companionship and support, which can be claimed by a surviving spouse or partner.
Damages Recoverable in Survival Action Claims
Unlike wrongful death claims, which focus on the losses of surviving family members, survival actions compensate for the losses suffered by the deceased individual prior to their death. Understanding this survival action definition, specific damages recoverable in a survival action may include:
- Medical Expenses. This includes any medical costs incurred by the deceased due to the injury or incident leading to their death. These expenses can encompass hospital bills, rehabilitation costs, and ongoing treatment fees.
- Lost Wages. If the deceased was employed, their lost wages from the time of the injury until their death can be claimed. This calculation often includes future earning potential that would have been realized had they lived.
- Pain and Suffering. Damages may also be sought for the physical pain and emotional distress the deceased experienced as a result of the injury prior to death. This aspect focuses on the quality of life and discomfort endured during the period between the injury and death.
California Statutes of Limitation
In California, the statute of limitations for both wrongful death and survival action claims is two years from the date of death, as stated in California Code of Civil Procedure. This means that individuals must file their claims within this timeframe to preserve their right to seek compensation.
For survival action claims, however, the limitation period may also commence one year after the death or upon the appointment of an executor for the deceased’s estate, whichever happens first.
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