Losing a loved one due to someone else's negligence is devastating. In California, seeking justice generally means pursuing two separate but complementary legal claims known as survivorship actions and wrongful death actions. These legal causes of action, while distinct, share a common goal: to provide recourse for the pain and suffering inflicted upon both the deceased and their surviving loved ones. In this article, we summarize the unique characteristics of each.
Survivorship Actions
Survivorship actions are legal claims that arise from injuries sustained by the deceased person prior to their death. In essence, these actions allow the estate of the deceased individual to pursue a claim for damages that the decedent would have been entitled to if they had survived. It essentially "survives" the individual and allows their estate to pursue compensation for the harm they suffered.
Key Characteristics of Survivorship Actions:
Derives from the Decedent's Rights: Survivorship actions are based on the legal concept that the rights of the deceased individual are transferred to their estate upon death. This means that any claims the decedent would have had against the responsible party for their injuries can be pursued by their estate through a survivorship action.
Compensation for Pre-Death Harm: Survivorship actions typically seek compensation for damages such as medical expenses, pain and suffering, lost wages, and other losses incurred by the deceased individual prior to their passing.
Claims Survive the Individual: As the name suggests, survivorship actions survive the individual and can be brought by the executor or administrator of the decedent's estate on behalf of the estate itself.
Wrongful Death Actions
On the other hand, wrongful death actions are distinct legal claims brought by specific individuals who have suffered harm as a result of the death of a loved one. Unlike survivorship actions, which focus on the harm suffered by the deceased individual, wrongful death actions are centered on the losses experienced by the surviving family members or beneficiaries due to the death.
Key Characteristics of Wrongful Death Actions:
Brought by Designated Beneficiaries: Wrongful death actions are typically brought by specific beneficiaries designated under California law, such as the surviving spouse, domestic partner, children, or other dependents of the deceased individual.
Compensation for Survivors' Losses: These actions seek compensation for the losses suffered by the surviving family members or beneficiaries as a result of the death, including but not limited to financial support, loss of companionship, and emotional distress.
Separate from Survivorship Actions: It's important to note that wrongful death actions are separate and distinct from survivorship actions. While survivorship actions focus on the harm suffered by the deceased individual prior to death, wrongful death actions address the losses experienced by the surviving family members or beneficiaries.
Conclusion
In summary, survivorship actions and wrongful death actions serve different purposes in the personal injury law in California. Survivorship actions allow the estate of the deceased individual to pursue compensation for the harm suffered by the decedent prior to their death, while wrongful death actions enable specific beneficiaries to seek compensation for the losses they have endured as a result of the death. Understanding these distinctions is essential for navigating any legal claims after a fatality and ensuring that the rights of both the deceased and their surviving loved ones are protected.
CONTACT PHILLIPS & ASSOCIATES
If you believe that a family member's death may have resulted from someone else's negligence, seeking experienced legal representation is essential. At Phillips & Associates, John and Patrick understand the immense pain and confusion that accompany such tragic circumstances. With their compassionate and knowledgeable guidance, you can trust that your case will be handled with the utmost care and expertise. Call us for a free consultation at (818) 348-9515.
Comments