How to Prove Wrongful Death in California (And the 4 Mistakes That Destroy Claims)
Reviewed by Megan T. Burns, Mirador Law A California wrongful death claim is not "won" by grief, sympathy, or the obvious injustice of losing a family…
Read MoreWhen you lose a loved one to an accident, the grief can be overwhelming. The last thing any family wants to deal with is confusing legal terminology.
However, if you are seeking justice for that loss in California, you might hear two terms thrown around that sound similar but mean very different things: Wrongful Death and Survival Actions.
At Mirador Law, we meet families in Fremont and throughout Alameda County during the hardest chapters of their lives. We believe you shouldn’t have to navigate this maze alone. Understanding the difference between these two claims is crucial because they protect different rights and ensure different types of justice for your family.
What is a Wrongful Death Claim?
Think of a Wrongful Death claim as being about you, the family members left behind.
When a person dies due to someone else’s negligence (like a car crash or a catastrophic fall), the law recognizes that the surviving family members suffer a profound loss. This claim is designed to compensate the family for the impact that death has on their lives.
In California, a Wrongful Death lawsuit generally seeks damages for:
- Loss of financial support: The income the deceased would have earned to support the household
- Funeral and burial expenses
- Loss of love and companionship: The guidance, affection, and moral support that is now gone
This is the law’s way of acknowledging that when a life is taken, a hole is left in the lives of the survivors.
What is a Survival Action?
Survival Action is different. It is not about the family’s loss; it is about the deceased person’s loss.
Essentially, this claim “survives” the person who passed away. It steps into their shoes to ask: What damages could they have sued for if they had lived?
This usually applies when there is a gap in time between the accident and the passing. For example, if someone was injured in an accident in Fremont but spent weeks in the hospital fighting for their life before passing away, they accrued medical bills and suffered significant pain during that time.
A Survival Action allows the estate to recover damages for:
- Medical bills incurred before death
- Lost wages during the period of injury before death
- Penalties or punitive damages (in specific cases where the defendant’s conduct was reckless or malicious)
Why Does the Distinction Matter?
You might be thinking, “Why do I need to know this? Isn’t it all one case?”
Legally, they are separate claims, often filed together, but the money goes to different places.
- Wrongful Death damages go directly to the eligible family members (heirs).
- Survival Action damages go to the estate of the deceased. This means the money might be distributed according to a will (if there is one) or used to pay off the deceased’s debts before the family sees it.
We Are Here to Guide You
These distinctions are complicated, but you don’t have to figure them out on your own. Whether it’s preserving the rights of the estate or fighting for the future of the surviving family, Mirador Law handles the legal burden so you can focus on grieving and healing.
We serve families across the East Bay, from Newark to Oakland, with a balance of deep empathy and fierce advocacy. We see the people behind the case, not just the file numbers.
If you have questions about a potential claim, call us. We will listen to your story and help you understand your options clearly and honestly.
