Survival Actions and Their Role in Wrongful Death Claims
In addition to wrongful death claims, families may pursue survival actions in California. While a wrongful death claim focuses on the family’s losses due to the death of a loved one, a survival action seeks to address the losses and injuries the deceased suffered before their death. These two legal avenues ensure that families can pursue comprehensive justice and compensation.
How Wrongful Death Claims and Survival Actions Differ
There are some key differences between pursuing a wrongful death claim and a survival action. A wrongful death claim compensates surviving family members for their losses, such as financial support, companionship, and emotional suffering. Close family members, such as a surviving spouse or child, file the claim. Compensation includes economic damages, such as funeral expenses, and noneconomic damages, such as loss of companionship.
With a survival action, the deceased’s estate can recover compensation for the damages the deceased could have pursued if they had survived. The estate executor or administrator is the one to file a survival action. Compensation in a survival action includes the decedent’s medical bills, lost wages, and more.
Previously, noneconomic damages, such as the decedent’s pain and suffering, were not recoverable in a survival action. However, a temporary change in the law allows for pain and suffering, provided the case is filed between January 1, 2022 and December 31, 2025.
Proving Liability in a Wrongful Death Case
To succeed in a wrongful death claim, you must prove the following elements:
- Duty of care. The defendant was responsible for acting reasonably to prevent harm.
- Breach of duty. The defendant failed to meet this obligation through negligence, recklessness, or intentional actions.
- Causation. The breach directly caused the death of your loved one.
- Damages. Their death resulted in financial and emotional losses.
Our experienced team uses evidence such as medical records, accident reports, and expert testimony to build a compelling case. As a seasoned San Francisco wrongful death lawyer, we work diligently to establish liability and secure justice for your family.
Challenges in Wrongful Death Cases
Wrongful death claims can be complex and emotionally taxing.
Families often face challenges such as:
- Insurance disputes. Companies may attempt to minimize or deny claims, arguing the deceased was at fault.
- Proving causation. Establishing a direct link between negligence and fatality can require substantial evidence.
- Emotional strain. The grieving process can make legal proceedings overwhelming.
Our compassionate approach helps families overcome these obstacles. We handle the legal complexities so you can focus on grieving. As your trusted San Francisco wrongful death lawyers, we will stand by your side throughout the process.
Statute of Limitations for Wrongful Death Claims in California
In California, families typically have two years from the date of their loved one’s death to file a wrongful death lawsuit.
Exceptions may extend this timeframe in certain circumstances, such as cases involving:
- Discovery of new evidence,
- Delayed recognition of negligence, or
- Minors.
It is crucial to act promptly to preserve evidence and protect your rights. Consult a San Francisco wrongful death lawyer at Silva Injury Law to ensure your case is filed within the legal deadlines.