When you lose someone you love because of another person’s negligence, there are two types of legal claims you may encounter: wrongful death lawsuits and survival actions. While both types of legal remedies arise from a fatal incident, they serve different purposes and address different losses. Knowing the distinction between these two claims is critical because you may be entitled to pursue one or both, depending on your circumstances. Make sure to speak with an experienced wrongful death attorney in Bakersfield for legal guidance.
What Is a Wrongful Death Claim?
A wrongful death lawsuit centers on the harm suffered by the deceased’s loved ones. When someone dies because of another party’s negligence, recklessness, or intentional misconduct, their surviving family members experience profound losses. This type of claim exists to compensate those survivors for:
- The loss of financial support, including the income the deceased would have earned and the inheritance the family members would have received
- The loss of companionship, guidance, and emotional support provided by the deceased
- Reasonable funeral and burial expenses
- Mental anguish and emotional distress experienced by the survivors
Only certain family members can file a wrongful death claim in California. This usually includes the deceased’s spouse, children, parents, or other dependents. The personal representative of the estate may also file on behalf of qualifying family members.
What Is a Survival Action?
A survival action preserves the deceased person’s legal rights. If your loved one had survived their injuries, they would have had the right to pursue compensation for their medical bills, lost wages, and pain and suffering. A survival action allows those claims to continue even after death, with the estate stepping into the deceased’s position.
The damages in a survival action cover what the deceased endured between the time of injury and death. This includes:
- Medical expenses incurred during treatment
- Wages lost while they were unable to work
- The physical pain and emotional suffering they experienced
This type of claim only applies when death was not instantaneous; the victim must have survived for some period, however brief, after the fatal incident. The personal representative or executor of the estate files the claim, and any compensation awarded goes to the estate first, then is distributed according to the will. If there is no will, the settlement is distributed according to California’s intestacy laws.
Key Legal Differences Between the Two Claims
In summary, the key differences between a wrongful death lawsuit and a survival action include:
- Focus: Wrongful death claims address losses suffered by surviving family members, while survival actions address losses the deceased experienced before death.
- Who Files: Both are filed by a personal representative, but wrongful death claims are filed on behalf of the family, while survival actions are filed on behalf of the estate.
- Who Receives Compensation: Wrongful death damages go to qualifying family members; survival action damages go to the estate and are then distributed according to the will or intestacy laws.
- Types of Damages: Wrongful death claims seek compensation for loss of financial support, companionship, emotional distress, and funeral costs; survival actions seek compensation for the deceased’s damages.
Contact a California Wrongful Death Attorney Today
Losing a loved one due to someone else’s negligence is devastating, and navigating the legal aftermath shouldn’t add to your burden. A Bakersfield personal injury lawyer can help you understand whether a wrongful death claim, survival action, or both are appropriate for your situation—and handle the complex legal process on your behalf. Contact an attorney today to discuss your legal options and take the first step toward accountability and closure.