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Wrongful Death Claim vs. Survival Action: What’s the Difference?

Two types of claims may be filed against a party who negligently caused the death of another person: a wrongful death claim and a survival action. If you have recently lost a loved one, it’s important to understand the differences between these two types of claims. Here’s what you should know:

What is a Wrongful Death Claim?

The law in California allows certain family members to file a wrongful death claim against the party that is responsible for their loved one’s death. These family members include the victim’s:

  • Spouse
  • Domestic partner
  • Children
  • Financially dependent stepchildren
  • Other parties that are entitled by law to the victim’s property

By filing a wrongful death claim, these family members can recover compensation for their losses. For example, family members may be awarded compensation for:

  • Loss of financial support provided by the deceased
  • Funeral and burial expenses
  • Loss of benefits provided by the deceased
  • Loss of household services provided by the deceased
  • Loss of companionship
  • Loss of affection
  • Loss of support

Any compensation that is awarded in a wrongful death claim will go directly to the victim’s family members.

What is a Survival Action?

A wrongful death claim allows family members to recover compensation for the losses they have suffered as a result of their loved one’s death. However, a survival action allows the victim’s estate to recover compensation for losses suffered by the victim prior to their death. The personal representative of the victim’s estate is the only party that has the right to file a survival action. Any compensation that is awarded will go directly to the victim’s estate rather than the victim’s family members.

For example, let’s say your loved one is seriously injured in a car accident caused by a drunk driver. He is taken to the hospital but eventually passes away as a result of his injuries. In this case, his estate could file a survival action to recover compensation for the medical expenses he incurred due to his accident-related injuries. If he missed work while being treated for his injuries, his estate could also seek compensation for the wages he lost prior to his death.

If your loved one has suffered a wrongful death, it’s important to seek legal representation from attorney Martin Gasparian as soon as possible. Mr. Gasparian can help you explore your legal options and maximize the compensation that is awarded to you and your family. Schedule a free consultation regarding your case by calling 559-203-3333 or submitting your information at MaisonLaw.com.

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