By: At Roberts | Jeandron Law, we are dedicated to providing exceptional legal services to clients facing the emotional and legal challenges that come with personal injury and wrongful death cases. A significant part of our practice involves helping clients understand and navigate the differences between survival actions and wrongful death claims, two legal pathways that arise when a loved one has passed away due to someone else’s negligence or wrongful act.
What Are Survival Actions and Wrongful Death Claims?
Survival Actions
A survival action is a legal claim on behalf of a deceased person’s estate. This type of claim allows the estate to pursue compensation for damages the deceased individual suffered before their passing. The focus here is on the rights of the deceased and the harm they experienced, such as medical expenses, lost wages, and pain and suffering incurred before death.
Survival actions are governed by California Code of Civil Procedure Section 377.30, which permits the estate to “survive” the decedent’s right to pursue claims they could have filed if they were alive.
Wrongful Death Claims
Wrongful death claims, on the other hand, are brought by the surviving family members of the deceased. These claims focus on the losses experienced by the surviving relatives due to their loved one’s death. The primary aim is to compensate for the economic and emotional support the deceased would have provided if they had lived.
Wrongful death claims are governed by California Code of Civil Procedure Section 377.60. They are distinct from survival actions in that they emphasize the survivors’ damages rather than the decedent’s pre-death injuries.
Legal Rights and Claims in Survival Actions
Survival actions enable the estate to pursue compensation for:
- Medical Expenses: Costs incurred for the deceased medical treatment before passing.
- Lost Wages: Income the deceased would have earned between their injury and death.
- Pain and Suffering: Emotional and physical pain endured by the deceased before passing (in limited circumstances, as California law generally restricts non-economic damages in survival actions unless the death was caused by elder abuse or neglect).
The estate’s representative files these claims, often the executor of the will or an administrator appointed by the court if no will exists.
Eligibility Criteria for Filing Wrongful Death Claims
Wrongful death claims are reserved for specific surviving family members or dependents of the deceased, including:
- Spouse or Domestic Partner: The deceased’s legal spouse or registered domestic partner has the primary right to file a claim.
- Children: Biological or legally adopted children of the deceased can also file.
- Other Dependents: In the absence of a spouse, domestic partner, or children, individuals financially dependent on the deceased—such as parents or step children—may have standing to file.
Eligibility under California law emphasizes the decedent’s financial and emotional role in the survivor’s life.
Key Differences Between Survival Actions and Wrongful Death Claims
Survival actions and wrongful death claims serve distinct purposes and address different aspects of a loss caused by another party’s negligence. Survival actions focus on the damages suffered by the deceased before their death, such as medical expenses and lost wages. These claims are filed by a personal representative on behalf of the deceased’s estate. In contrast, wrongful death claims center on the losses experienced by the surviving family members, such as loss of financial support, companionship, and emotional suffering. Eligible family members or dependents bring these claims. While survival actions emphasize the decedent’s rights, wrongful death claims prioritize the impact on the survivors.
Legal Process for Filing Each Type of Claim
Survival Actions
- Initiate Estate Administration: The estate must have a personal representative to file the claim.
- Gather Evidence: Compile medical records, proof of lost wages, and other evidence demonstrating damages.
- File the Claim: File the lawsuit in a civil court within two years from the date of the incident or six months from the date of death, depending on the circumstances.
Wrongful Death Claims
- Identify Eligible Plaintiffs: Ensure the individuals filing the claim meet the eligibility criteria.
- Document Damages: Record economic losses (e.g., funeral expenses, loss of financial support) and non-economic losses (e.g., emotional suffering).
- File the Claim: File within the applicable statute of limitations, usually two years from the date of the decedent’s death.
Role of Roberts | Jeandron Law
At Roberts | Jeandron Law, we are committed to providing compassionate and skilled legal representation to clients facing the aftermath of a loved one’s passing. Our firm assists with:
Case Evaluation
The first step in pursuing justice is identifying the appropriate legal avenue based on the case’s unique circumstances. At Roberts | Jeandron Law, we meticulously review the details surrounding your loved one’s passing, including the cause of death, the losses incurred, and the eligible claimants. This thorough analysis ensures that we pursue the most suitable legal strategy, whether filing a survival action, a wrongful death claim, or, in some cases, both.
Comprehensive Representation
Navigating the legal process for survival actions or wrongful death claims can be overwhelming, especially for grieving families. Our firm handles all aspects of the case, from filing the appropriate legal documents to ensuring compliance with procedural rules and deadlines.
Supporting Survivors
The loss of a loved one is a profoundly emotional experience, and navigating the legal process during such a time can be daunting. At Roberts | Jeandron Law, we prioritize compassionate, client-centered representation. We take the time to listen to families’ stories, understand their needs, and provide clear communication about the progress of their cases.
Potential Compensation and Damages
Survival Actions
Damages in survival actions are generally limited to economic losses. These damages may include medical expenses, lost wages, and property damage (if applicable). Non-economic damages like pain and suffering may also be recoverable in rare cases.
Wrongful Death Claims
Wrongful death claims encompass both economic and non-economic losses. These claims may include funeral and burial expenses, loss of financial support, companionship, and emotional distress. Emotional distress compensation is typically reserved for specific types of relationships, such as child or spouse).
State-Specific Regulations Impacting These Claims
California’s statutes governing survival actions and wrongful death claims are distinct and require careful legal navigation.
Statute of Limitations
Survival actions and wrongful death claims generally have a two-year filing window, but nuances like medical malpractice or government liability can alter this timeline. It is crucial to consult with an experienced attorney to ensure compliance with these deadlines, as missing them can result in losing the right to pursue compensation.
Cap on Damages
California law imposes specific caps on non-economic damages in certain cases, such as medical malpractice, which can influence potential recovery. These caps are designed to limit compensation for pain and suffering, emotional distress, and similar losses, emphasizing the importance of maximizing claims for economic damages where applicable.
Evidence Requirements
California courts require clear evidence linking the defendant’s negligence to the harm or loss sustained, necessitating a strong evidentiary foundation. This often involves gathering medical records, eyewitness testimony, expert opinions, and other documentation to build a compelling case.
Why Choose Roberts | Jeandron Law?
Navigating the complexities of survival actions and wrongful death claims requires a deep understanding of California’s legal system, empathy for grieving families, and a commitment to justice. We focus on providing personalized attention and compassionate support while advocating aggressively for fair compensation. We strive to ensure that the legal process is smooth and stress-free during these trying times.
Understanding the differences between survival actions and wrongful death claims in Orange County, California is essential for ensuring the proper legal pathway is taken. At Roberts | Jeandron Law, our experience and dedication allow us to provide exceptional support and advocacy for those seeking justice for their loved ones.
Contact us today to schedule a consultation and learn how we can help you pursue justice and closure during this difficult time.