When someone dies because of another person’s negligence, their family may have grounds to seek compensation. California law offers two ways to pursue these claims: survival actions and wrongful death lawsuits.
Although both claims arise from the same death, they serve different purposes. Understanding these differences can help families determine what compensation they may seek.
How does a survival action work?
A survival action allows someone to pursue a legal claim that the deceased could have brought while alive. For example, someone may suffer serious injuries in a car accident and die several weeks later. Their death does not automatically end their right to seek compensation for losses before death.
Under California law, the deceased person’s personal representative or successor in interest may pursue the claim. A survival action may cover:
- Medical bills from before death
- Lost income between the injury and death
- Property damage from the incident
- Punitive damages in certain cases
California generally excludes compensation for the dead person’s pain and suffering in survival actions filed in 2026 or later. However, a temporary exception may still apply to cases filed from January 1, 2022 through December 31, 2025.
How does a wrongful death claim work?
Unlike a survival action, a wrongful death claim focuses on the losses that surviving family members experience after someone’s death.
Certain relatives may file a wrongful death lawsuit. They include surviving spouses, domestic partners and children. Other relatives may also qualify under certain conditions. These claims may cover:
- Loss of financial support
- Loss of companionship and affection
- Loss of household services
- Funeral and burial expenses
For example, if a parent dies in a workplace accident, their children may seek compensation for lost financial support and parental guidance.
Therefore, the main difference concerns whose losses the lawsuit addresses. A survival action concerns the dead person’s losses before death. A wrongful death claim concerns the family’s losses resulting from the death.
How can families protect their rights?
In some cases, families may pursue both claims after the same incident. However, each claim has different legal requirements and rules about compensation.
An attorney can review the circumstances of the death and help identify which claims may apply. Legal guidance can also help families understand filing deadlines, gather evidence and avoid seeking the same damages twice.