When someone dies due to another party’s negligence or misconduct, their loved ones often have legal options to seek justice and compensation. In California, two primary legal remedies are available: a wrongful death claim and a survival action. While these claims are closely related, they serve different purposes, involve various forms of compensation, and are filed by different parties.
If you’re dealing with the devastating loss of a family member, understanding the difference between a wrongful death vs. survival action in California is essential. This guide explains how each claim works, who can file, and how damages are awarded under California wrongful death law and the survival statute.
1. What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by surviving family members of a person who died as a result of another’s negligence or wrongful act. This type of claim is focused on the loss experienced by the surviving family, not the decedent themselves.
Under California Code of Civil Procedure § 377.60, eligible plaintiffs may include:
- Spouse or domestic partner
- Children
- Parents or legal guardians (in some cases)
- Financial dependents of the deceased
These claims seek compensation for:
- Loss of financial support
- Loss of companionship and guidance
- Funeral and burial expenses
- Household services the decedent would have provided
Wrongful death lawsuits are common in fatal car crashes, medical malpractice, workplace incidents, and other negligence-based situations.
2. What Is a Survival Action?
A survival action is different. It’s brought on behalf of the deceased person’s estate, not the surviving family. It allows the estate to recover damages the decedent could have claimed if they had lived. Think of it as a continuation of the personal injury claim the person would have had.
Authorized under California Code of Civil Procedure § 377.30, a survival action must be filed by the personal representative of the estate (executor or administrator).
Compensation may include:
- Medical expenses incurred before death
- Lost income from the time of injury to death
- Property damage
- Punitive damages (in cases of egregious misconduct)
However, a survival action does not include damages for pain and suffering or disfigurement—those who died with the victim, unless otherwise allowed under other specific statutes.
3. Key Differences Between Wrongful Death and Survival Actions
Here’s a breakdown of how these claims differ:
| Aspect | Wrongful Death | Survival Action |
| Who Files | Family members or dependents | Personal representative of the estate |
| Purpose | Compensates family’s loss | Compensates for decedent’s losses prior to death |
| Types of Damages | Loss of support, companionship, funeral expenses | Medical costs, lost income, property damage, punitive damages |
| Pain & Suffering | Recoverable by family (non-economic damages) | Not typically recoverable |
| Eligibility | Defined relatives or dependents | Estate only |
4. Real-World Application: Quiroz v. Seventh Ave. Center (2006)
In Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, the court clarified how wrongful death and survival claims function independently. The case involved allegations of elder abuse and neglect in a nursing home, which led to a patient’s death.
The court emphasized that wrongful death claims are for the survivors’ losses, while survival actions are for the decedent’s own claims. This distinction ensures that both the harm to the individual and the impact on the family are recognized in civil court.
5. Can You File Both Claims at Once?
Yes. In many cases, families pursue both a wrongful death claim and a survival action simultaneously. The two claims can be filed together in a single lawsuit or as separate legal actions.
This combined approach can maximize the total recovery available and ensure that all legal bases are covered.
6. Time Limits for Filing
Both claims are subject to statutes of limitations:
- Wrongful Death: Generally, two years from the date of death
- Survival Action: Either two years from the date of the injury or six months after the person’s death—whichever is later
Failing to file within the applicable time limits can result in your claim being barred, so don’t delay.
7. Why Legal Representation Is Essential
Handling a wrongful death or survival action is emotionally and legally complex. An experienced attorney can:
- Identify all liable parties
- Distinguish between damages under each type of claim
- Guide you through probate and estate administration
- Negotiate with insurance companies and defense lawyers
At B&D Injury Law, we handle both wrongful death and survival actions with care, skill, and compassion. We’re here to honor your loved one’s memory and fight for the justice your family deserves.
Conclusion: Two Paths to Justice—Both Are Important
Understanding the difference between a wrongful death vs. survival action in California is key to securing full compensation after a tragedy. Each type of claim serves a specific purpose—and both can play a critical role in holding negligent parties accountable.
If you’ve lost a loved one due to someone else’s negligence, contact B&D Injury Law for a free case review. We’ll explain your legal options, help you understand what compensation may be available, and guide you every step of the way.