Posted in Wrongful Death on September 29, 2026
Wrongful death claims allow survivors, such as spouses, children, and sometimes parents, to seek compensation for the losses they suffered as a result of their family member’s death. Survival actions allow the deceased’s estate to seek damages the victim would have received had they survived the accident.
The person who seeks this claim is called an executor or personal representative of the estate as named in the will or through court appointment. Speak with a Long Beach wrongful death lawyer about your case today.
How Does a Wrongful Death Claim Work in California?
A wrongful death claim focuses on providing for the needs of survivors. It aims to compensate family members for the losses they have and will continue to experience because your loved one is no longer with you. Under California Code of Civil Procedure § 377.60, the surviving spouse, domestic partner, and children can seek action. If there are no spouses or children, the claim can be made by those who would inherit from the estate. That might include the deceased’s parents or siblings.
Wrongful death claims allow family members to seek compensation for their losses. This might include:
- Loss of financial support your loved one would have provided to you
- Loss of gifts or other benefits you would have received
- Loss of love, companionship and comfort
- Loss of care
- Funeral and burial expenses
- The value of household services provided by the individual such as support around the home, caring for children, or other contributions
The money recovered from a wrongful death claim in California goes directly to the party that filed the lawsuit. The family has to demonstrate their losses through evidence of dependency and relationship with the deceased party. It is beneficial to work closely with a wrongful death attorney to pursue these actions.
How Does Survival Action Work in California?
A survival action applies to very different losses. Instead of focusing on what survivors lost, the focus is on what the deceased party experienced. The survival claim “survives” the deceased party. It allows the estate to recover anything that the deceased would have received from a personal injury claim had they survived and taken action. Most often, the person to file a survival action is the executor of the will, if named. If there is no will, the court will appoint a personal representative to handle these matters.
The estate can sue the at-fault party for all damages related to the wrongful death that they can demonstrate, such as:
- Loss of earnings suffered for missing work from the date of the accident until death
- Property damage suffered by the deceased
- Punitive damages, in some cases of particular maliciousness
- Medical costs associated with end-of-life care
In all situations, evidence is critical. It must be clear what these damages are. Note that pain and suffering is not an allowable claim in a survival action under California’s laws.
What Are the Differences Between Wrongful Death and Survival Action Claims?
To help you see the difference, consider these details:
Purpose of the claim:
- Wrongful death supports the survivors, such as spouses and children
- Survival action supports the estate
Who files the wrongful death claim:
- Wrongful death claims are filed by family members
- Survival actions are filed by the personal representative of the estate
In some cases, this is a matter of formality. If the heirs to the estate are family members, they may still see some of those benefits over time. However, that depends on the probate process.
It is always wise to work with a wrongful death attorney in California to navigate this process. Doing so preserves your ability to seek fair compensation.