Wrongful death cases arise when the careless, negligent, or intentional actions of another party cause the death of someone else. These cases are complicated, and they can be fraught with stress and emotion for surviving family members. In these cases, it is important to distinguish between two separate types of actions that may be brought – a wrongful death claim and a survival action.
Are There Differences Between These Two Actions?
Both wrongful death and survival actions are governed by state law, though the statues that guide these two claims are different. However, while the two actions may be different, they are actually very similar. Wrongful death claims generally seek to repay the beneficiaries of the deceased (typically the surviving family members or the deceased’s estate).
A survival actions differ from a wrongful death claim in that the survival action is targeted to repay family members for damages that the deceased would have recovered if they had survived and had been able to file a personal injury lawsuit on their own behalf.
While these two actions are indeed similar, it is important to note that a wrongful death claim will typically be brought by the surviving family members directly. This could include a surviving spouse, children of the deceased, parents of the deceased, or any other person allowed under law that was financially dependent on the deceased. Survival actions are typically brought forth by the executor of the deceased person’s estate.
The damages awarded in these cases may seem similar. Typically, the types of compensation that are awarded in a wrongful death claim include the following:
- Loss of household services the deceased provided
- Loss of consortium damages for a spouse or domestic partner
- Loss of guidance, care, nurturing, and affection provided by the deceased
- Loss of financial support provided by the deceased
- Loss of inheritance caused by the wrongful death
A survival action, if successful, will provide compensation for various aspects related to injuries sustained by the deceased up until the time of their death. This could include:
- Pre-death medical expenses
- Pain and suffering incurred by the victim
- Lost wages for the period between sustaining their injuries and death
In general, you will see that survival actions will carry significant benefits if the time between when the person sustained their injuries and when they passed away was fairly significant. For example, if a person dies immediately after sustaining an injury in a car accident, the survival action compensation may not amount to very much (this would not have bearing on the wrongful death compensation). However, if that person survives and is suffering from their injuries for months before they pass away, a survival action will likely bring more compensation, along with the wrongful death compensation for the case.
Is the Statute of Limitations Different?
In general, wrongful death claims must be filed within two years from the date of the deceased’s death. However, survival actions must be filed within two years from one of the following, whichever is later:
- The date the injury occurred
- Six months after death
Understanding the Difference Between Wrongful Death Claims and Survival Actions
When a loved one dies due to someone else’s negligent or intentional actions, California law provides two distinct legal remedies: wrongful death claims and survival actions. While these claims often arise from the same tragic event, they serve different purposes and compensate different losses.
A wrongful death claim compensates the surviving family members for their own losses resulting from the death, such as lost financial support, companionship, and guidance. In contrast, a survival action compensates the estate for losses the deceased person themselves suffered between the time of injury and death, including medical expenses, pain and suffering, and lost wages during that period.
Who Can File Each Type of Claim?
Wrongful death claims are typically filed directly by the deceased’s surviving family members, which may include a surviving spouse, children, parents, or any other person who was financially dependent on the deceased. Survival actions are brought by the executor or personal representative of the deceased person’s estate, and the compensation recovered becomes part of the estate.
What Damages Are Available?
In a wrongful death claim, damages typically include loss of financial support, household services, companionship and guidance, consortium for a surviving spouse, and inheritance. Survival actions focus on damages the deceased personally experienced: pre-death medical expenses, pain and suffering endured between injury and death, and lost wages during that period. The amount recoverable often depends on how long the deceased survived after the initial injury.
Different Filing Deadlines
California law imposes different deadlines for these claims. Wrongful death claims must be filed within two years from the date of death. Survival actions must be filed within two years from whichever date is later: the date the injury occurred or six months after the death.
Secure an Attorney
If you are considering filing either a wrongful death claim or a survival action against an alleged negligent party, your first conversation should be with a qualified attorney. A skilled and experienced Santa Ana wrongful death lawyer will understand both of these actions and will be able to guide you towards the path that will secure maximum compensation. The ultimate goal here is for you and your loved ones to have closure for what happened.
