When someone dies as an outcome of another person or party’s careless or wrongful acts, California law provides more than one legal option for delivering justice. A wrongful death claim is a way for a grieving family to seek compensation for their own losses. A survival action, on the other hand, compensates the victim’s estate for losses the decedent suffered prior to death.
What Is a Survival Action?
A survival action is a type of legal claim that can be brought or continued on behalf of a deceased individual’s (decedent’s) estate under California Code of Civil Procedure § 377.30. This law states: A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent’s successor in interest…and an action may be commenced by the decedent’s personal representative or, if none, by the decedent’s successor in interest. If a personal injury claim was filed by an individual who then passed away from his or her injuries or illness, the claim will “survive,” meaning it will be allowed to proceed. The decedent’s personal representative or successor in interest can legally take over the claim.
When Is Filing a Survival Action Appropriate in California?
A survival action may be available in California if an individual who is actively involved in a personal injury case (as the plaintiff or filing party) passes away. If the individual had been injured due to someone else’s negligence, or the failure to act with proper care, he or she may have filed a personal injury claim against the at-fault party or parties. If the individual then succumbs to his or her injuries mid-case, the legal representative of the plaintiff’s estate has the right to continue the claim, which will then become a survival action. These legal cases are common after serious accidents such as car crashes, slip and falls, workplace incidents, and medical malpractice.
What Types of Compensation Can Result From a Survival Action in California?
Unlike a wrongful death claim, which is filed on behalf of surviving family members for their own losses – such as funeral and burial costs, lost wages and inheritance, and loss of consortium – a survival action in California provides financial compensation for the decedent’s individual losses. This can cover any damages suffered by the decedent from the date of the accident until the date of death, such as:
- Medical and hospital bills
- Lost wages and income
- Property damage repairs or replacement
The victim’s pain, suffering and disfigurement may also be compensable in a California survival action if the case was granted a preference pursuant to Section 36 and filed before January 1, 2022, or if it was filed on or after January 1, 2022, and before January 1, 2026.
Do You Need an Attorney to File a Survival Action in California?
A survival action is a complicated type of legal case that may arise after the wrongful death of an individual in California. If you are curious about your family’s ability to file this type of claim, contact an attorney. A lawyer can handle complex legal procedures and matters on behalf of the plaintiff for a simpler and more effective case. Hiring an attorney can also improve the outcome of the case, helping the decedent’s estate recover fair financial damages for the full extent of the victim’s losses.