When a loved one is killed in a California accident, families are left with overwhelming emotional grief—and confusing legal decisions. One of the most common questions after a fatal car, truck, motorcycle, or pedestrian accident is:
Should we file a wrongful death claim, a survival action, or both?
These two legal actions sound similar, but they serve very different purposes. Filing the right claim—at the right time—can significantly impact how much compensation a family receives and which losses are legally recognized.
Here’s a clear, family-friendly breakdown to help you understand the difference and why speaking with experienced wrongful death attorneys near me is critical before making any decisions.
What Is a Wrongful Death Claim?
A wrongful death claim focuses on the loss experienced by the surviving family, not the person who died.
This type of lawsuit seeks compensation for how the death impacts:
- financial stability
- emotional support
- household services
- companionship
- future earnings
Compensation may cover:
- funeral and burial expenses
- lost income and benefits
- loss of care, comfort, and guidance
- emotional suffering and loss of consortium
In other words, wrongful death claims aim to relieve the financial and emotional burden placed on those left behind.
What Is a Survival Action?
A survival action, on the other hand, focuses on the losses suffered by the victim before they passed away.
This includes:
- medical expenses
- lost income between injury and death
- pain and suffering
- punitive damages (in cases involving egregious conduct)
Think of a survival action as the claim that the person would have filed themselves had they survived.
It is filed on behalf of the estate—not for the personal losses of surviving family members.
Can You File Both a Wrongful Death Claim and a Survival Action?
Yes. In many cases, families pursue both claims simultaneously to maximize recovery.
Here’s why:
- wrongful death covers the family’s losses
- survival actions cover the victim’s losses
Together, these two claims paint a complete picture of damages—financial and emotional.
For example:
A driver causes a fatal accident.
- The victim survives in the hospital for five days
- incurs medical bills
- misses work
- experiences pain and suffering
The estate may pursue a survival action for those pre-death damages.
Then, the family may pursue a wrongful death claim for:
- funeral costs
- long-term financial loss
- emotional distress
- loss of companionship
This combination often results in a stronger overall case.
Who Can File These Claims?
Wrongful Death Claim
Typically, filings are limited to:
- spouses
- domestic partners
- children
- parents (in some cases)
- financial dependents
Survival Action
This is filed by the:
- personal representative of the estate
or - successor in interest
If no representative is appointed, a court may assign one.
An attorney helps determine the correct filer to avoid disputes and delays.
Which One Should You File?
That depends on two key factors:
1. Did your loved one survive for any period after the accident?
If so—even minutes—a survival action may be available.
2. What financial and emotional losses has the family suffered?
If the death caused economic or emotional hardship for surviving relatives, a wrongful death claim is appropriate.
Most families benefit from filing both—when supported by evidence—because each claim addresses distinct aspects of loss.
Why the Difference Matters
Insurance carriers love to exploit confusion.
They may:
- undervalue pain and suffering
- deny pre-death damages
- challenge the right to file
- push quick settlements
Understanding how these claims complement each other prevents insurers from minimizing compensation.
For example:
A crash victim who survives surgery and hospital care before passing may accumulate:
- medical bills
- ambulance costs
- lost wages
- conscious pain and fear
Those damages are recoverable through a survival action—not wrongful death.
Without that claim, the family may lose tens or hundreds of thousands in recoverable compensation.
Time Limits: Don’t Wait to File
California’s statute of limitations typically allows:
- two years for wrongful death
- two years for survival actions
However, claims involving public entities—like fatal bus or city vehicle accidents—often require filing within six months.
Miss the deadline, and the claim may be barred permanently.
Early legal help protects evidence, testimony, and your rights.
When Should You Call a Lawyer?
Immediately after:
- a fatal car accident
- a motorcycle crash
- truck or bus collisions
- pedestrian or bicycle accidents
- defective product crashes
- DUI or hit-and-run fatalities
An experienced wrongful death attorney can evaluate both claims, determine eligibility, and establish liability.
Speak With Wrongful Death Attorneys Near Me
Families deserve answers—not confusion.
If you lost a loved one and don’t know which type of claim to file, you’re not alone. An attorney can help you understand:
- who can file
- which claims apply
- how damages are calculated
- whether punitive damages are available
- how to maximize compensation
Bojat Law Group represents families across California with compassion and strength—holding negligent drivers and companies accountable.
📞 Call (818) 877-4878 for a free consultation.
No fees unless we win.
Your family’s future matters. Your loved one’s story matters. And you deserve justice backed by experienced legal advocates.
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