Wrongful Death vs. Survival Action

What is the difference between wrongful death and survival action? Read this post to learn the differences which type of claim you have

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What Is the Difference Between Wrongful Death and Survival Action?

Nobody should ever have to go with a loved one’s wrongful death. Wrongful death is a serious tort in which one person’s fault results in the death of another. If a member of your family has recently died in an unexpected accident, California civil law can allow you to bring one of two kinds of lawsuits: a wrongful death claim or a survival action. A Los Angeles wrongful death attorney will provide you with either method of claim.
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What Is a California Wrongful Death Claim?

When someone violates a duty of care, behaves recklessly, or deliberately attempts to kill someone, the deceased victim’s (decedent’s) family will file a civil lawsuit in California. A wrongful death lawsuit is the most common form of claim. This form of legal case argues that a guilty or criminal person is responsible for another party’s death and therefore owes survivors substantial responsibility for their damages. A wrongful death suit seeks to keep a defendant accountable for the damages sustained as a result of a victim’s death. It is expressly seeking restitution to be distributed to remaining family members.
  • Costs in funerals and burials (within reason)
  • Hospital costs incurred by the decedent’s relatives as a result of his fatal accident
  • Lost income, benefits, and succession
  • Financial support was lost
  • Household utilities ceased
  • The decedent’s affection, companionship, and encouragement have been taken away.
  • Costs in legal representation and out-of-pocket expenses
  • The depression and emotional anguish of the family
  • Punitive damage
A wrongful death claim is a civil lawsuit filed by a family on behalf of the deceased’s remaining family members. A wrongful death settlement or jury payment may be divided to living family members in accordance with state law. A wrongful death suit seeks to restore a family’s financial stability after an accidental tragedy. Although no amount of money will compensate for an avoidable death, California’s wrongful death laws are designed to provide a family with the financial resources necessary to move forward.
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What Is a Survival Action?

In California, a survival action is similar to a wrongful death suit in that all request damages from the liable or at-fault party for an avoidable death. However, a survival suit seeks to make the defendant responsible for the damages that the dead victim would have recovered had he or she survived the accident. Rather than seeking compensation for the deaths of remaining family members, a survival suit seeks compensation for the decedent’s damages.
  • Medical bills incurred by the decedent or his or her assets
  • Damages to property
  • Physical discomfort and anguish
  • Emotional injuries
  • Mental anguish
  • Fear of imminent death
Compensation received in a California survival action would be paid to the decedent’s assets rather than personally to remaining family members. If the estate has any unpaid debts, they will be paid first from the judgment. The remainder of the estate’s assets would then be distributed to the heirs.

What Type of Claim Do You Have?

The kind of case you have after a death in the family is determined by the circumstances around the tragedy and the person receiving compensation. If you are the legal agent of a decedent’s house, you will almost certainly bring a survival action on the decedent’s behalf. However, whether you are the decedent’s spouse or child, a wrongful death suit would be more fitting. Numerous relatives in California have the right to pursue all forms of lawsuits concurrently in order to obtain full restitution for the family and the deceased survivor. A prosecutor will assist you with the paperwork required for a wrongful death or survival action in Los Angeles.

Contact an Attorney Near You

Both kinds of lawsuits – wrongful death and survival actions – have a number of advantages for a family mourning the loss of a loved one. Consult a California attorney to determine which form of lawsuit is appropriate for you. Both forms of litigation can entitle the family to compensation. A lawyer will assist you in filing each form of claim before the deadline in California and then negotiating for the highest payout possible for your family’s tragic loss. Collaborating with a wrongful death attorney can enable you to obtain the best outcome possible in both types of cases.

Fair Cases Law Group, Personal Injury Lawyers
5411 S. Broadway Ave, Suite 200,
Los Angeles CA 90037

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Phone: (833) 324-7111

Email: [email protected]