Survival Actions vs. Wrongful Death: What's the Difference?
5 min read
A survival action is different from a wrongful death claim. Understanding both can maximize what your family recovers.
What Is a Survival Action?
In California, a survival action lets the estate of a deceased person pursue claims the person could have brought had they survived. Unlike a wrongful death claim — which compensates the family for their own losses — a survival action continues the case the deceased would have had.
What a Survival Action Can Recover
Through a survival claim, the estate may recover medical expenses incurred before death, lost earnings from the injury until death, and pain and suffering the deceased experienced. Notably, post-1975 California law generally limits pain-and-suffering recovery in survival actions, but economic damages are not capped.
How It Works Alongside Wrongful Death
Survival actions and wrongful death claims are often filed together but serve different purposes. The wrongful death claim compensates surviving family members; the survival action compensates the estate. The proceeds of a survival action pass to the deceased's heirs or beneficiaries through the estate.
Who Brings the Claim?
A survival action is filed by the personal representative of the deceased's estate. If no estate was opened, one may need to be established.
Don't Navigate This Alone
These claims are technical and time-sensitive. The Law Office of Michael V. Jehdian guides families through both wrongful death and survival claims with compassion. Call 888-977-8899 for a free consultation.
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