Survival Actions and Wrongful Death Claims in California

When a loved one dies because of another person’s negligence, recklessness, or intentional misconduct, California law gives surviving family members and the decedent’s estate important legal options. Two distinct types of civil claims may be available: a wrongful death lawsuit and a survival action. While both seek compensation after a fatal accident or injury, they serve different purposes and compensate different types of losses.

Understanding the difference between these claims and knowing when they arise is essential for securing the full compensation available under California law. Learn more below, and contact the California trial attorneys at Kalfayan Merjanian, LLP, to speak with a California wrongful death lawyer after the loss of a loved one due to another’s negligence.

What Is a Wrongful Death Claim?

A wrongful death claim in California is a civil lawsuit brought on behalf of the surviving family members after someone dies due to another party’s wrongful act or negligence. This type of claim recognizes that the family has suffered losses because of the death.

Under California Code of Civil Procedure § 377.60, wrongful death claims allow eligible survivors to recover compensation for economic and non-economic losses that resulted from the death. These losses reflect the harm suffered by the survivors, not just the fact that the loved one died.

In a wrongful death claim, eligible plaintiffs usually include the decedent’s spouse or registered domestic partner, children, and, in some cases, grandchildren, parents or other dependents if no closer relatives exist.

Wrongful death damages under California law typically cover:

• Loss of financial support the deceased would have provided;
• Loss of companionship, love, guidance, and emotional support;
• Funeral and burial expenses;
• Loss of household services the decedent would have provided.

The focus of a wrongful death claim is the family’s loss and how the death affected their lives and financial security.

What Is a Survival Action?

A survival action (sometimes called a survival cause of action) is a separate type of lawsuit that addresses the harm the decedent personally experienced between the time of the wrongful act and the time of death. California law allows such claims under California Code of Civil Procedure § 377.30, which provides that a cause of action does not disappear simply because the injured person died; instead, the legal claim survives and can be pursued by the decedent’s estate.

Unlike wrongful death claims, which compensate the family member or members directly, survival actions allow the decedent’s estate (through a personal representative or executor) to recover losses the decedent could have claimed if they had survived. The estate’s recovery becomes part of the decedent’s estate and is distributed according to the will or California’s intestacy rules if no will exists. In practice, the same people who benefit from a wrongful death claim tend to be the ones who benefit from a survival action as well.

In a survival action, the estate can seek:

• Medical expenses incurred between the injury and death;
• Lost wages or earnings during that period;
• Property damage related to the injury;
• Punitive damages in cases involving particularly reckless, malicious, or intentional misconduct.

Until recently, survival actions could not include compensation for the decedent’s pre-death pain and suffering. However, changes in California law allow recovery for pre-death pain, suffering, and disfigurement in survival actions filed between January 1, 2022, and January 1, 2026.

Because survival actions focus on what the deceased suffered before death, they are substantively different from wrongful death claims. Nevertheless, both claims are often pursued together in the same case.

How Survival Actions and Wrongful Death Claims Work Together

In many fatal-injury cases, the same incident gives rise to both a wrongful death claim and a survival action. For example, if a person is seriously injured in a car crash and survives for some period of time before passing away, the estate could file a survival action on behalf of the decedent to recover costs the person personally incurred before death, while the family simultaneously pursues a wrongful death claim for losses they suffered after the death.

Although these two claims can be filed together in a single lawsuit, they are distinct legal theories:

• In a wrongful death claim, the focus is on the family’s losses due to the death itself.
• In a survival action, the focus is on the decedent’s own losses from the moment of the injury until death.

This means that in a combined case, compensation can cover both the decedent’s pre-death expenses and the family’s post-death losses, maximizing recovery and ensuring that all legally cognizable harms are addressed.

Differences in Who Can File and What Damages Are Available

One of the most important differences between these two types of claims relates to who brings the case and what types of damages are recoverable.

Who Can File

• Wrongful Death: Generally, this claim is brought by the surviving family members, including a spouse, domestic partner, children, or parents when no spouse or children exist.
• Survival Action: This claim is brought by the personal representative (executor or administrator) of the decedent’s estate, or a successor in interest if no representative has been appointed.

Types of Damages

The damages available in each type of claim reflect the different harms being compensated:

Wrongful Death Damages

• Loss of financial support
• Loss of love, companionship, and guidance
• Funeral and burial expenses
• Value of household services the decedent provided

Survival Action Damages

• Medical expenses incurred before death
• Lost wages before death
• Property damage
• Pain and suffering and other non-economic losses suffered by the decedent (under current law)
• Punitive damages in appropriate cases

Notably, wrongful death claims generally do not allow punitive damages, while survival actions do allow punitive or exemplary damages when the defendant’s conduct was especially egregious.

Statutes of Limitations and Timing

California law imposes strict deadlines for filing both survival actions and wrongful death claims. The applicable timeline for each type of claim is different, which can be confusing when trying to bring both claims together.

• A wrongful death lawsuit must normally be filed within two years from the date of death.
• A survival action must usually be filed within two years from the date of the wrongful act or injury or within six months after the decedent’s death, whichever is later.

These deadlines are mandatory: missing them typically means losing the right to pursue compensation. Working with an experienced California attorney ensures that all relevant deadlines are met and that both claims are filed and preserved appropriately.

Practical Importance for Families and Estates

Understanding the distinction between survival actions and wrongful death claims can make a real difference in the recovery process after a loved one’s death. Pursuing both claims allows families to recover compensation not only for the financial and emotional impact of the loss but also for the decedent’s personal losses before death.

For example, in a fatal car accident where the victim survived in the hospital for several weeks before passing, a wrongful death claim may compensate the family for future support and emotional loss, while the survival action may recover the victim’s medical bills, lost income, and even punitive damages based on the defendant’s misconduct.

By leveraging both legal theories, families and estates can pursue the broadest possible recovery available under California law.

Getting Legal Help After the Loss of a Loved One in California

If you’ve lost a loved one due to the negligence or wrongful conduct of another person in California, it’s critical to consult an experienced wrongful death attorney. A qualified lawyer can help you determine whether both a survival action and a wrongful death claim apply to your situation, identify who should bring each claim, explain what damages may be recoverable, and ensure that all legal deadlines and procedural requirements are met.

The attorneys at Kalfayan Merjanian, LLP, are experienced in handling complex wrongful death and survival action cases throughout California. We help families navigate the legal process, pursue full compensation, and protect their rights with sensitivity and professionalism.

Contact us today for a free consultation and case evaluation.