When a loved one dies due to the negligence or wrongful conduct of another, it can leave surviving family members grappling with emotional and financial challenges. As an attorney who has handled numerous wrongful death claims in California, I understand the complexity of these situations and the importance of choosing the right legal avenue for compensation. In California, there are two primary legal avenues to seek compensation in such situations: wrongful death claims and survival actions. Understanding the distinctions between these two options is crucial for determining the best course of action for your family’s circumstances. If you’re uncertain about your rights or need guidance on how to proceed, I encourage you to get a free consultation to discuss your specific situation.
What Are Wrongful Death Claims in California?
A wrongful death claim allows the surviving family members or dependents of the deceased to seek compensation for their losses resulting from the death. In California, these claims can be filed by specific relatives, including:
- Spouses
- Domestic partners
- Children
- Parents (if there are no children)
- Siblings or other dependents in certain circumstances
The primary focus of a wrongful death claim is the losses suffered by the survivors, which can include:
- Loss of companionship: The emotional support and love provided by the deceased.
- Financial support: Loss of income that the deceased would have contributed to the family.
- Funeral and burial expenses: The costs associated with laying a loved one to rest.
- Loss of household services: The contributions of the deceased to domestic tasks and responsibilities.
What Are Survival Actions in California?
A survival action is distinct from a wrongful death claim in that it allows the estate of the deceased to pursue damages that the deceased could have claimed had they survived. This means that if the deceased suffered physical injuries, pain, and suffering prior to their death, those damages can be pursued through a survival action.
In California, the following individuals can file a survival action:
- The executor or administrator of the deceased’s estate
- Heirs of the deceased
Potential damages in a survival action can include:
- Medical expenses: Costs incurred for treatment before death.
- Pain and suffering: Compensation for the pain experienced by the deceased prior to passing.
- Loss of earnings: Wages the deceased would have earned if they had survived.
Key Differences Between Wrongful Death Claims and Survival Actions
While both legal actions can arise from the same underlying event, the focus and beneficiaries differ:
- Focus of the Claim:
- Wrongful Death Claims: Aim to compensate survivors for their losses.
- Survival Actions: Aim to compensate the deceased’s estate for damages they suffered before their death.
- Eligible Plaintiffs:
- Wrongful Death Claims: Filed by family members or dependents of the deceased.
- Survival Actions: Filed by the estate of the deceased, typically by an executor or administrator.
- Types of Damages:
- Wrongful Death Claims: Compensation for loss of companionship, financial support, and other losses suffered by the survivors.
- Survival Actions: Compensation for medical expenses, pain and suffering, and lost wages experienced by the deceased prior to death.
When to File a Survival Action vs. Wrongful Death in California
Deciding whether to pursue a wrongful death claim or a survival action can be complex and may depend on the circumstances surrounding the case:
- If the focus is on the emotional and financial losses suffered by the surviving family members, a wrongful death claim may be more appropriate.
- If the deceased suffered pain or incurred medical expenses before death, a survival action may be warranted to seek damages for those specific losses.
- In some cases, both claims can be filed simultaneously, allowing families to seek compensation for the full scope of their losses.
Legal Process for Filing
- Consult an Attorney: It is advisable to consult with an attorney experienced in wrongful death and survival actions. As someone who has guided many families through this difficult process, I can provide insights tailored to your case.
- Gather Evidence: Collect all relevant evidence, such as medical records, accident reports, and any documentation that supports your claim.
- File the Claim: Your attorney will help you draft and file the necessary paperwork in the appropriate court. This includes detailing the circumstances surrounding the death and the damages being sought.
- Negotiate or Litigate: After filing, your attorney may engage in negotiations with the opposing party to reach a settlement. If a settlement cannot be reached, your case may proceed to trial.
Trust an Experienced Wrongful Death Attorney to Guide You Through Your Options
Navigating the legal landscape after losing a loved one can be daunting, especially when considering the differences between wrongful death claims and survival actions in California. Understanding the nuances of each type of claim is essential to ensuring that you pursue the most appropriate legal avenue for your family’s situation. If you need assistance in determining whether a wrongful death claim or a survival action is right for you, contact Synergist Law for a free consultation. As an attorney with extensive experience in wrongful death cases, I am committed to helping you through this challenging time, ensuring that you receive the justice and compensation your family deserves.
