What’s the difference between a wrongful death claim and a survival action?

When a person dies because of someone else’s negligence, California law allows two distinct legal claims: a wrongful death claim and a survival action. While both may arise from the same tragic event, they serve different purposes and provide different compensation.

• In wrongful death claims, surviving family members seek compensation for the personal losses they’ve suffered. Damages in a wrongful death claim may include funeral and burial expenses, loss of financial support, and the loss of love, companionship, guidance, and care.
• In survival actions, the estate of the deceased files a claim to recover damages that the deceased person would have been entitled to if they had survived the fatal incident. Damages in a survival action include medical expenses incurred before death, lost income between the time of injury and death, and pain and suffering experienced prior to passing.

These two types of claims are often filed together because they address distinct but equally important aspects of the loss.