Wrongful Death Claim v. Survival Action: What’s the Difference?
If you have lost a loved one due to the negligent Before you determine what is the best option in your specific situation, you should first consult with an experienced Orange County wrongful death attorney.acts of another person or party, you will have two different options of pursuing damages against the wrongdoer under the California legal system. You can either file a wrongful death lawsuit under California Code of Civil Procedure §377.60 or a survival action under § 337.30.
Wrongful Death Action
A wrongful death action may be brought by the personal representative or the surviving spouse, children or other dependent family member of a decedent who was killed by the negligent or reckless of action of the at-fault party. The claimant may claim both economic and non-economic damages. But it should be noted that in a California wrongful death action, punitive damages are not recoverable. Your attorney will help you determine what damages you may recover given the specific facts of your case.
A survival action may be filed by the decedent’s personal representative or their successor-in-interest. A survival action is appropriate when the victim did not immediately die from his or her injuries. In other words, even if the victim lived for a few hours following the accident, a survival action, not a wrongful death action, needs to be filed.
Damages recoverable in a survival action include the loss or damage that the victim would have been able to recover had they not died. Money damages do not include pain, suffering, or disfigurement.
In some cases, Orange County wrongful death attorneys may be able to consolidate a wrongful death action and a survival action into one lawsuit.
Call an Experienced Attorney Today!
If you lost a loved one due to the negligent or careless actions of another individual or party, you should contact the experienced Orange County wrongful death attorneys at the Law Offices of Samer Habbas at 1-888-848-5084. We are dedicated to getting you the full compensation that you deserve.