In California, the law has various ways of compensating people who suffer the tragic loss of loved ones in preventable fatal accidents. If you have recently lost someone close to you due to the actions of another party, your family may have grounds to bring a wrongful death claim and a survival action. Understanding the differences between these two types of legal actions can help you map the right path forward.
What Are the Key Differences Between a Wrongful Death Claim and a Survival Action?
Wrongful death claims and survival actions can both be filed after the preventable death of an individual due to another person or party’s careless, reckless, negligent or wrongful acts in California. The main difference between these two legal cases is the type of damages or financial compensation awarded. The purpose of a wrongful death claim is to reimburse surviving family members for the losses they have suffered, such as the loss of household services the deceased person (decedent) would have provided, loss of consortium (the decedent’s care, companionship and affection), loss of financial support, and loss of inheritance.
A survival action, on the other hand, aims to provide financial compensation for injuries and losses sustained by the deceased person from the time of the defendant’s negligent act to the time of death. This may include final medical expenses, lost wages, and the victim’s pain and suffering. Unlike a wrongful death claim, a survival action does not compensate surviving family members for their emotional suffering or losses.
What Is a Wrongful Death Claim?
A wrongful death claim under California Code of Civil Procedure (CCP) § 377.60 is “a cause of action for the death of a person caused by the wrongful act or neglect of another.” In other words, it is a type of civil lawsuit that is allowed when someone dies due to another person’s wrongful or negligent behavior. Types of incidents that can lead to wrongful death claims in California include:
- Motor vehicle accidents
- Slip and fall accidents
- Accidents in the workplace
- Construction site accidents
- Dog attacks
- Defective products
- Medical malpractice
- Criminal acts
- Wildfires
A wrongful death claim can be filed by close surviving family members, including the deceased person’s spouse, domestic partner, child or grandchild. Anyone dependent on the decedent may also qualify to file.
What Is a Survival Action?
A survival action in California is “a cause of action that survives the death of the person entitled to commence an action or proceeding” (CCP § 377.30). If an individual who was injured by someone else’s negligence dies before his or her personal injury claim is resolved, the claim “survives” the death of the plaintiff. The right to recover financial compensation then passes to the decedent’s successor in interest, and a survival action may be commenced by the decedent’s personal representative.
How an Attorney Can Help
If you recently lost a loved one in any type of accident in California, schedule a free consultation with an attorney at Bridgford, Gleason & Artinian for information about your specific rights and legal options. We can guide you through the differences between a wrongful death claim vs. a survival action, and help you with either type of case to achieve maximum compensation for this devastating loss.