The Difference Between Wrongful Death and Survival Actions in California

When a loved one dies due to another party’s negligence, California law gives the surviving family members legal avenues to seek justice and compensation, but the path isn’t always straightforward. For one thing, two distinct types of claims can apply: wrongful death and survival action. Each serves a different purpose, involves different plaintiffs and damages, and has its own role in the legal process. Understanding the difference is critical to making sure you pursue full and fair compensation. Learn more below about these claims, and contact Kalfayan Merjanian, LLP, to speak with a compassionate and experienced California wrongful death attorney.

What Is a Wrongful Death Action?

A wrongful death action is a civil lawsuit brought by surviving family members or other eligible parties to recover for the losses they themselves have suffered because of the accidental death of a loved one. This type of claim focuses on how the deceased’s death has impacted those left behind.

Under California law, wrongful death damages may include:

• Loss of financial support (wages, benefits, and future earnings)
• Loss of companionship, guidance, love, and moral support
• Funeral and burial expenses
• Value of household services the deceased would have provided

This claim is intended to compensate people left behind, which is why the damages are personal to the family members and not the person who died. Notably, wrongful death does not include damages for the deceased’s pain and suffering, nor does it allow a punitive damages award in cases of gross negligence or extreme misconduct. Any financial recovery goes directly to surviving family members, as stipulated by statute.

What Is a Survival Action?

A survival action, on the other hand, allows the decedent’s estate to continue or pursue a claim the deceased could have brought had they been injured but survived the accident. The estate steps into the shoes of the deceased and seeks compensation for what the victim suffered between the date of the wrongful act and death.

Typical recovery through a survival action includes:

• Medical expenses incurred due to the injury
• Lost earnings during that period
• Pain and suffering endured before dying (this is a fairly recent development in California personal injury law)
• Punitive damages if the conduct was particularly reckless or intentional and can be proven according to the applicable legal standard

Any recovery goes into the decedent’s estate and is distributed according to the will or, if there is none, through California’s intestate succession laws.

Why California Law Distinguishes the Two

California intentionally separates wrongful death and survival actions because they address different types of harm:

• Wrongful death: Focuses on the family’s losses and the emotional and financial void left by the decedent.
• Survival action: Focuses on the victim’s own suffering and economic losses before death.

Together, they provide comprehensive coverage for all damages arising from a fatal incident.

Filing Both Claims Together

In many cases, families in California file both a wrongful death and a survival action within the same lawsuit. Filing both ensures that compensation is sought for losses suffered by both the family and the deceased during their final moments and that the estate and its beneficiaries are not unfairly burdened because of the negligence of another.

This dual approach is especially important in cases where the victim did not die instantly, such as a car crash victim who survives for days or weeks, incurring medical bills and suffering before passing away.

Example Scenario

Imagine a driver negligently strikes a pedestrian. The pedestrian survives for several weeks in a hospital before passing away. A wrongful death claim might recover lost income the family relied on, funeral costs, and loss of companionship. Separately, a survival action would recover medical bills from that hospitalization, the decedent’s pain and suffering, and possibly punitive damages if extreme recklessness is proven.

Recent Legal Updates in California

An important development for survival actions came in 2022 when California amended its survival statutes to allow non-economic damages such as pain, suffering, or disfigurement of the decedent to be recovered. This change brings survival actions closer to what the injured person would have claimed if still alive.

Key Differences at a Glance

Wrongful Death: Filed by surviving family members or dependents. Compensates for the family’s emotional and financial losses. Family members receive compensation directly. No punitive damages allowed.

Survival Action: Filed by the Personal Representative of the deceased’s estate. Compensates for the deceased’s legal damages incurred before death. Damages are paid to the estate and then distributed according to the deceased’s estate plan or California intestacy laws. Punitive damages can be awarded in appropriate cases.

Contact Kalfayan Merjanian Today

Dealing with the loss of a loved one is painful and overwhelming, and it can be especially frustrating and distressing when the loss comes suddenly because another party was not paying attention, failed in their legal duty, or was otherwise negligent. A wrongful death claim, combined with a survival action, can help obtain justice for a loved one while providing valuable financial support for grieving families left without a provider or caregiver. Claiming both types of damages ensures that neither the family’s suffering nor the decedent’s final experiences are overlooked.

In California, contact Kalfayan Merjanian, LLP, to talk about what happened and find out if we can help.