Wrongful Death & Survival Actions
Sacramento Wrongful Death & Survival Action Lawyers
California law treats a wrongful-death claim and a survival action as different claims. One addresses losses suffered by eligible survivors after a death; the other continues a claim the person held before death. We identify who may bring each claim, preserve the available evidence, and evaluate the deadlines and damages that apply.
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In Plain Terms
A wrongful-death claim belongs to people California law authorizes to recover for their own losses after a death. A survival action belongs to the decedent’s estate and continues a claim the decedent had before death. The claims may arise from the same event and may be joined, but they have different plaintiffs, damages, and deadline rules.
Two Claims, Two Different Losses
A wrongful-death claim compensates eligible survivors for losses caused by the death. A survival action continues a claim that belonged to the person who died. The same incident can support both claims, and California law permits them to be joined, but one does not replace the other.
Who May Bring Each Claim
California law identifies the people who may bring a wrongful-death claim, including a surviving spouse or registered domestic partner, children, issue of deceased children, certain intestate successors when there is no surviving issue, and specific dependent or household-minor categories. A survival action is brought by the decedent’s personal representative or, if none, the successor in interest. Standing should be confirmed before a filing decision is made.
Damages Depend on the Claim
Wrongful-death damages may include supported financial contributions, gifts or benefits, funeral and burial expenses, household services, and the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and guidance. They do not compensate grief or sorrow or the decedent’s pre-death pain. A survival action may include loss or damage the decedent sustained before death and penalties or punitive damages the decedent could have recovered. Under current Code of Civil Procedure section 377.34, general survival actions filed on or after January 1, 2026 do not recover the decedent’s pain, suffering, or disfigurement; earlier-filed actions and qualifying statutory claims require separate analysis.
Deadlines Change With the Claim and Defendant
An ordinary wrongful-death action is generally subject to a two-year period, but survival actions use the decedent’s underlying limitations period and a six-month-after-death rule. Medical-professional-negligence claims use separate one-year discovery and three-year outside rules, and a death claim involving a public entity generally requires claim presentation within six months. Workplace deaths can involve workers’ compensation and separate third-party rights. Prompt review is important because the correct deadline depends on the facts, claim, and defendant.
A Careful Investigation Can Clarify the Path
Fatal crashes, medical negligence, dangerous property conditions, workplace incidents, and elder neglect can involve different records, responsible parties, insurance, experts, and remedies. We preserve the available evidence, identify the potential claims and defendants, and explain the practical options to the family.
Straight answers
Questions people ask
These are general answers. The right next step depends on the facts, evidence, injuries, and available coverage.
What is the difference between wrongful death and a survival action?
A wrongful-death claim compensates eligible survivors for their own losses after the death. A survival action continues a claim the person who died held before death and is brought by the personal representative or successor in interest.
Who may file a California wrongful-death claim?
California law identifies specific eligible classes, including a surviving spouse or registered domestic partner, children, issue of deceased children, certain intestate successors when there is no surviving issue, and specific dependent or household-minor categories. Eligibility should be evaluated from the family and estate facts.
What damages may be available in a wrongful-death claim?
Depending on the evidence, damages may include financial support, gifts or benefits, funeral and burial expenses, household services, and loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, or guidance. Grief, sorrow, and the decedent’s pre-death pain are not wrongful-death damages.
Can a survival action recover the decedent’s pain and suffering in 2026?
Under current Code of Civil Procedure section 377.34, the general exception for pain, suffering, or disfigurement applies to qualifying actions filed before January 1, 2026, not to a newly filed general survival action in 2026. Qualifying elder-abuse claims and other statutory issues require separate analysis.
How long do we have to act?
An ordinary wrongful-death action is generally subject to a two-year period, but different rules apply to survival actions, medical-professional-negligence claims, public entities, workplace deaths, and other categories. A public-entity death claim generally must be presented within six months. Prompt legal review is important.
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