If you’ve lost a loved one due to the actions of another person, business, or entity, we are so sorry for your loss. We know that there is probably a lot of terminology flying around that you’re unfamiliar with, including phrases like “wrongful death” and “survival action.”
Let us help you understand these two terms, and please feel free to reach out to us for a free consultation of your particular situation.
Understanding a Wrongful Death Claim in California
A wrongful death claim in California allows certain family members to file a lawsuit if a loved one’s death resulted from the wrongful actions or negligence of another party. Under the California Code of Civil Procedure Section 377.60, wrongful death claims focus on the impact the loss has on the survivors rather than the pain or suffering experienced by the deceased.
Who Can File a Wrongful Death Claim?
California law specifies that only certain individuals can file a wrongful death claim, including:
- Surviving spouses or domestic partners
- Children of the deceased
- Grandchildren (if their parent, the deceased’s child, is also deceased)
- Other children under 18 who were financially dependent on the deceased
- Any other individual entitled to the deceased’s assets based on California’s intestate succession laws
These rules aim to ensure that those closest to the deceased receive compensation. Family members typically have two years from the date of the death to file a wrongful death claim.
Types of Monetary Compensation in a Wrongful Death Claim
Compensation in a wrongful death claim is designed to address the losses experienced by surviving family members. Available damages may include:
- Financial Support. Compensation for the income or support the deceased would have provided over their expected lifetime.
- Loss of Companionship. Coverage for the emotional loss of love, companionship, guidance, and support the deceased would have offered.
- Funeral and Burial Expenses. Family members can recover reasonable expenses for the funeral and burial.
- Household Services. Compensation for tasks the deceased would have provided, such as child care, home maintenance, or caregiving.
Wrongful death claims help family members address both the financial and emotional aspects of their loss, offering a level of stability during a difficult time.
Understanding a Survival Action in California
Survival actions differ from wrongful death claims because they address the harm experienced by the deceased rather than the losses suffered by family members. According to the California Code of Civil Procedure Section 377.30, a survival action allows the estate of the deceased to recover damages for injuries suffered by the deceased from the time of the incident until their death.
Who Can File a Survival Action?
Only the personal representative of the deceased’s estate may file a survival action in California. This representative may be a family member, such as a spouse or child, or another individual appointed by the court, depending on how the estate is set up.
Types of Monetary Compensation in a Survival Action
Survival actions allow the estate to pursue damages that the deceased could have claimed had they survived, which may include:
- Medical Expenses. All reasonable medical expenses incurred by the deceased from the time of injury until death.
- Lost Wages. Compensation for the income the deceased would have earned between the time of injury and their death.
- Pain and Suffering. As of 2022, California allows estates to seek compensation for the pain and suffering the deceased experienced after the injury but before death.
- Punitive Damages. Unlike wrongful death claims, survival actions allow the estate to pursue punitive damages. These are intended to punish the at-fault party for particularly reckless or intentional behavior and to discourage similar conduct in the future.
This type of claim helps ensure that the responsible party is held accountable for the harm they caused, even if the deceased cannot personally pursue the claim.
How The Liberatore Law Firm Can Help
If you have lost someone due to the negligent actions of another person or entity, The Liberatore Law Firm is here to help. We understand the challenges and uncertainties you are facing, and we are dedicated to guiding you through the process of filing a wrongful death or survival action claim. Our compassionate team will answer your questions, explain your options, and work tirelessly to help you seek the compensation you deserve.
