A Survival Action is related to wrongful death claims, but it seeks compensation for the pain and hardships a victim went through before passing away. That can include the medical bills they accrue before dying.
For a few years, the victim’s estate could also earn support for the pain and emotional trauma victims suffered while they were alive. But for accidents that occurred after 2025, “pain and suffering” support can no longer be included as part of a settlement.
The current types of Survival Action support allowed are detailed in the California Code of Civil Procedure (CCP):
- In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement.
The Differences Between Wrongful Death and Survival Action Claims
Wrongful Death
Families who lose a loved one to someone’s mistake on the freeway or to any other preventable accident can file a wrongful death lawsuit. It would be directed at any party that contributed to an accident that had a fatal outcome. The party’s insurer would usually be held financially responsible; in the case of a deadly car accident, a car insurance company.
The lawsuit seeks support for families who will face burial costs, a loss of income the loved one provided each week, and the emotional toll they suffer. It focuses on the future hardships of close relatives created by the death.
Survival Action
A Survival Action often occurs simultaneously. This is a claim that addresses the damages that the victim suffered while they were still alive. The time they spent in a hospital bed, accruing medical bills, and losing time at work is addressed.
Another difference from a Wrongful Death claim is that a Survival Action is filed by the victim’s estate. Any money earned in the action is used to pay off any outstanding debts the victim owed, but then the remaining money would usually go to family members.
What Type of Support is Earned in a Survival Action?
Beyond the support a wrongful death claim earns, families could also earn these and other benefits through a Survival Action:
- Payment for the emergency response and ambulance fees stemming from the accident.
- Any hospital bills and surgeon fees built up while the victim was hanging on for life.
- The paychecks the victim lost while being out of work during this time
- Reimbursement for any property damage, such as car repairs or replacement
Why California Survival Actions Don’t Include Pain and Suffering Benefits
Historically, Survival Actions in California did not allow the victim’s estate to collect compensation for the victim’s “pain and suffering.” This is a legal term for the non-economic damages that victims in accidents suffer. They include the pain victims are put through and the emotional damages a frightening accident and difficult recovery cause.
However, for a few years, pain and suffering compensation was allowed. California’s Senate Bill 447 permitted claims that were filed between January 1st, 2022, and December 31st, 2025 to seek support for pain and suffering.
However, the bill was set to expire and wasn’t renewed. So, any claim filed in 2026 or after would not be eligible to earn pain and suffering support.
Contact a California Wrongful Death Accident Lawyer
California families can contact a California Wrongful Death Lawyer for a free case consultation. An experienced lawyer can help grieving loved ones file Survival Actions and Wrongful Death claims. A lawyer is often able to earn families much more for the future than they could on their own.
Maison Law wants to stand up for families without causing them worry about the costs of hiring a lawyer. We don’t charge families anything unless we win the case. Then, our fee comes out of the settlement the at-fault party must send over.
