Wrongful death cases occur when the careless, or intentional actions of another party cause the death of someone else. These cases can typically face serious legal complications, so it is important to distinguish between a wrongful death claim and a survival action. To better understand your legal rights when dealing with the sudden loss of a loved one it is recommended to speak with a wrongful death attorney about your options.
Wrongful Death V. Survival Action
“Wrongful death” and “survival action” are two types of lawsuits that may be filed against someone who intentionally or carelessly caused the death of a loved one. The difference between the two claims is who is allowed to file.
A wrongful death claim seeks compensation for the surviving loved ones, which covers funeral expenses, loss of financial earnings, emotional support, and loss of companionship, as well as all other things the decedent would have provided.
Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs. Survival action also includes punitive damages if the death was caused by extreme recklessness or malice.
It is also important to note that representatives of the decedent’s estate and family members often overlap. So, it is possible for a family member to file a wrongful death claim and a survival action claim if both are warranted. However, these claims adhere to their requirements and statute of limitations.
Are Damages Different Between Wrongful Death & Survival Action?
While there are similarities between wrongful death and survival action, damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law. Survival actions are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. Executors ensure all assets in the will are accounted for an transfer these assist to the correct beneficiary.
The types of damages that can be claimed in a wrongful death claim include:
- Loss of household services once provided by the deceased
- Loss of consortium damages for a spouse or domestic partner
- Loss of guidance, care, nurturing, and affection provided by the deceased
- Loss of financial support provided by the deceased
- Loss of inheritance caused by the wrongful death
A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:
- Medical expenses
- Pain and suffering the decedent suffered
- Lost wages between the period they were injured and the time of their death
Factors That Influence a Wrongful Death Settlement in California
A wrongful death settlement is the most effective recourse to pursuing justice for the remaining family members after a fatal accident. The value of your settlement ultimately depends on the following factors:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation. When multiple parties are at fault it is considered comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives.
In addition to these factors are the damages you and your family have had to endure, such as medical bills before the loss of a loved one, pain and suffering, and loss of the deceased’s income.
Contact a Wrongful Death Lawyer in California
If you’ve lost a loved one due to the careless acts of another or a hazardous condition, the wrongful death attorneys at Maison Law are here to help you through this difficult time. We understand that no amount of money can replace the loss of a loved one, but there are legal procedures put in place to ease the financial burden of an untimely death. For all your legal questions and concerns, contact Maison Law today. There are no upfront charges or hidden costs for our services, and you will not be charged a dime until we’ve won your case for you.
