What is the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death claim and a survival action are two possible avenues for seeking justice after losing a loved one due to someone’s negligence. While both types of claims arise from the same tragic event, they serve different purposes.

The simple difference between a wrongful death claim and a survival action is that wrongful death claims pay survivors, and survival actions pay the deceased’s estate. Here’s more about the differences from our Los Angeles wrongful death lawyers.

Understanding Wrongful Death Claims

Losing a loved one is one of the most devastating experiences you can face, and when someone else’s negligence or wrongdoing causes that loss, it can be even more overwhelming. You may be left wondering what to do next and how to hold the responsible party accountable.

A wrongful death claim is a type of lawsuit that allows the survivors to seek compensation for the loss of their loved one. You can start one with the help of a Los Angeles personal injury lawyer. The claim process involves several key steps, including:

• Gathering evidence to support your claim, such as medical records, police reports, and witness statements
  
• Identifying the responsible party, whether it’s an individual, company, or government entity
  
• Working with an attorney to build a strong case and navigate the legal system
  
• Negotiating with insurance companies and other parties to reach a fair settlement
  
• Taking the case to trial if a settlement can’t be reached

The Purpose of a Survival Action

When a loved one passes away, their unfinished business can be a significant concern for those left behind. A survival action is a type of legal claim that allows the deceased person’s estate to pursue damages for their own injuries and losses rather than just focusing on the impact of their death on loved ones. 

A survival action can encompass various aspects of the deceased person’s life, including their financial and emotional well-being. The estate can seek compensation for the harm caused to the deceased, including:

• Unfinished medical bills: Any outstanding medical expenses incurred by the deceased before their passing can be pursued through a survival action.
  
• Lost wages and earnings: The estate can seek compensation for the deceased’s lost income, including future earnings they would have made if they had survived.
  
• Pain and suffering: The deceased’s estate can also seek damages for the pain, suffering, and emotional distress experienced before their death.

Survival actions help keep the final expenses of a loved one from draining the estate and give a measure of justice to the deceased in the form of non-economic damages.

Key Differences Between Wrongful Death Claims and Survival Actions

In a wrongful death claim, the decedent’s loved ones, such as spouses, children, or parents, seek compensation for their own losses. The claim is brought by the surviving family members, who are seeking compensation for the harm they have suffered as a result of their loved one’s passing.

A survival action is brought on behalf of the deceased person’s estate, seeking damages the person would have recovered if they had survived.  The estate’s personal representative or executor typically brings the claim, and any damages recovered are distributed according to the deceased person’s will or by probate law.

Time Limits for Filing these Claims in California

Time limits are another difference between wrongful death claims and survival actions. For most wrongful death claims, surviving family members must file their lawsuit within two years of their loved one’s passing, or they risk losing their right to seek compensation entirely.

For survival actions, the timing can be more complex. The estate’s representative must file within two years of either the date of death or the date of the injury that led to death, whichever is later. However, if the deceased person discovered or should have discovered their injury before death, the survival action must be filed within two years of that discovery date. 

This is particularly relevant in cases involving medical malpractice or toxic exposure where injuries may not be immediately apparent.  Missing these deadlines usually means permanently losing your right to seek compensation, which is why it’s crucial to consult with an attorney as soon as possible after a loved one’s death. 

J&Y Law Can Further Explain the Difference Between Wrongful Death Claims and Survival Actions

With our client-first focus, J&Y Law will work diligently to make sure you receive the compensation you are entitled to. Some of the ways we can help you include:

• Handling all communication with insurance companies, hospitals, and other parties involved
  
• Conducting thorough investigations to gather evidence and build a strong case
  
• Negotiating with opposing parties to reach a fair settlement
  
• Representing you in court if a trial becomes necessary

You now understand the crucial differences between wrongful death claims and survival actions. While both seek justice for the deceased, they serve distinct purposes and provide unique forms of compensation. To discuss your case, contact J&Y Law for a free consultation.