Wrongful Death vs. Survival Action: What’s the Difference?
When a loved one passes away due to the negligence or wrongful actions of another party, the emotional toll on the surviving family members can be overwhelming. In addition to the grief and emotional distress, families often face financial challenges due to the loss of their loved one’s income and support. In such situations, the law provides avenues for families to seek justice and compensation through wrongful death claims and survival actions. The Palmdale personal injury attorneys at Kistler Law Firm can help you understand the difference between these two types of legal actions, which is crucial in determining the appropriate course of action.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members of a deceased person against the party responsible for the death. The purpose of a wrongful death claim is to compensate the surviving family members for the losses they have suffered as a result of their loved one’s untimely death.
Key Elements of a Wrongful Death Claim
1. Liability: To succeed in a wrongful death claim, the plaintiff (usually a family member) must prove that the defendant’s actions or negligence directly caused the death of the deceased. This could involve proving that the defendant was at fault in a car accident, medical malpractice, or another form of wrongful conduct.
2. Damages: The damages in a wrongful death claim are intended to compensate the surviving family members for their losses. These losses can include:
- Financial Support: The loss of the deceased’s financial contributions, such as income, benefits, and future earning potential.
- Loss of Companionship: Compensation for the emotional and relational impact of losing a loved one.
- Funeral and Burial Expenses: Costs associated with the deceased’s funeral and burial.
- Loss of Services: Compensation for the loss of services that the deceased would have provided, such as childcare, household chores, and guidance.
Who Can File a Wrongful Death Claim?
In California, the following individuals are typically eligible to file a wrongful death claim:
- The surviving spouse or domestic partner
- The deceased person’s children
- If there is no surviving spouse, partner, or children, other dependents, such as parents or siblings, may be eligible to file a claim.
What is a Survival Action?
On the other hand, a survival action is a legal action brought on behalf of the deceased person’s estate. Unlike a wrongful death claim, which seeks to compensate the surviving family members for their losses, a survival action seeks to recover damages that the deceased person could have claimed if they had survived the incident.
Key Elements of a Survival Action
1. Damages: The damages in a survival action are limited to those that the deceased person suffered before their death. These damages can include:
- Medical Expenses: The costs of medical treatment and care that the deceased person incurred before they passed away.
- Lost Wages: The income the deceased person would have earned between the time of injury and death.
- Pain and Suffering: Compensation for the physical pain and emotional distress that the deceased person endured before their death.
2. No Compensation for Future Losses: Unlike a wrongful death claim, a survival action does not provide compensation for future financial support or emotional losses suffered by the surviving family members. The focus is solely on the damages the deceased person would have been entitled to recover if they lived.
Who Can File a Survival Action?
In California, a survival action can be filed by the personal representative of the deceased person’s estate. If no personal representative has been appointed, the deceased person’s heirs may file the survival action on behalf of the estate.
Key Differences Between Wrongful Death Claims and Survival Actions
Understanding the key differences between wrongful death claims and survival actions is essential for determining the appropriate legal action in a given situation.
Purpose of the Claim
Wrongful Death Claim: Seeks to compensate the surviving family members for their losses due to the death of their loved one.
Survival Action: Seeks to recover damages that the deceased person could have claimed if they had survived, such as medical expenses and pain and suffering.
Who Can File the Claim
Wrongful Death Claim: Typically filed by the surviving spouse, children, or other close family members.
Survival Action: Filed by the personal representative of the deceased person’s estate or, in some cases, by the heirs.
Types of Damages Recovered
Wrongful Death Claim: Includes damages for loss of financial support, companionship, and funeral expenses.
Survival Action: Includes damages for the deceased person’s medical expenses, lost wages, and pain and suffering before death.
Beneficiaries
Wrongful Death Claim: The compensation awarded in a wrongful death claim goes directly to the surviving family members.
Survival Action: The compensation recovered in a survival action is paid to the deceased person’s estate and distributed according to the terms of the will or, if there is no will, according to California’s intestate succession laws.
When Are Both Claims Appropriate?
In many cases, it may be appropriate to pursue both a wrongful death claim and a survival action. For example, if a person is injured in a car accident and later dies from their injuries, the family might file a wrongful death claim to recover compensation for their losses while also pursuing a survival action to recover the medical expenses and pain and suffering the deceased endured before their death.
By pursuing both claims, the family can seek comprehensive compensation that addresses both their own losses and the damages suffered by their loved one.
Contact Kistler Law Firm
Wrongful death claims and survival actions are two distinct legal avenues available to families who have lost a loved one due to someone else’s negligence or wrongful actions. While wrongful death claims focus on compensating the surviving family members for their losses, survival actions seek to recover damages that the deceased person could have claimed if they had survived. Understanding the differences between these two types of claims is crucial for making informed decisions and ensuring that justice is served.
At Kistler Law Firm, we are committed to helping families navigate the complexities of wrongful death and survival action claims. Our experienced Palmdale wrongful death attorneys are here to guide you through the legal process, provide compassionate support, and fight for the compensation you deserve. If you have lost a loved one and need legal assistance, contact us today for a consultation. Let us help you achieve the justice your family deserves.
