Survival Action Lawyer in California
When a loved one dies from someone else's negligence, two related claims can follow. A wrongful death claim is for the family's own losses. A survival action is different — it is brought on behalf of your loved one's estate, for what your loved one themselves endured before passing, such as their pain, medical bills, and lost income. We handle these California claims with care, and often alongside a wrongful death claim. Se habla español.
Lost a loved one to negligence?
Start with a quick, confidential case review — about two minutes, no cost, no obligation.
What a survival action is
A survival action is a claim that 'survives' your loved one — it is the injury claim your loved one could have brought had they lived, now brought by their estate. It focuses on what your loved one experienced between the injury and their death: the physical pain and suffering they endured, the medical care they needed, and the income they lost. This is separate from a wrongful death claim, which compensates the family for their own losses, and the two often go together.
How we handle your California claim
You focus on your family; we handle the rest, with respect for what you are going through. We help open the estate and identify the right person to bring the claim, investigate how the death happened and who is responsible, and document what your loved one endured. Where appropriate, we pursue the survival action alongside a wrongful death claim so the full harm — to your loved one and to your family — is accounted for. Every matter begins with a free, confidential review. Se habla español.
Why work with Woods Law Group
These claims are painful, and they carry real complexity — what a survival action can recover, and the deadlines, differ by state and have changed over time, and the claim must be brought by the estate through the right person. Having an attorney who handles both survival and wrongful death claims with care makes a real difference. We take these cases on a contingency basis for clients we represent, which means no fee unless we recover, and we advance the costs. You get straight answers, real communication, and a firm that treats your family with compassion.
How we can help your family in California
- What Is A Survival Action
- Survival Action Vs Wrongful Death
- Who Can Bring A Survival Action
- The Decedents Pre Death Pain And Suffering
- Medical Bills And Lost Earnings Before Death
- Fatal Accidents And Causes
- Deadlines For Survival Actions
- Compensation And What The Estate Recovers
Dealing with the insurer
Your family’s rights and deadlines in California
In California, a survival action is brought on behalf of a deceased person's estate, generally by the estate's personal representative or successor in interest, for the losses your loved one suffered before death. What the estate can recover has changed in recent years, and it can include the harm your loved one endured — the exact categories and any limits are specific and worth confirming. The deadline is time-sensitive and can differ from a wrongful death deadline, so early advice is important.
- Filing deadlines (statute of limitations)
- Comparative fault in California
- Claims against a government agency
- Evidence that builds your claim
California injury law: deadlines, fault and caps
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
Free tools and guides
- Survival Actions FAQs
- Free downloadable guides
- Checklists
- Calculators & estimators
- Side-by-side comparisons
- Questions & answers
Articles
Frequently asked questions
What is the difference between a survival action and a wrongful death claim?
They compensate different losses. A wrongful death claim is the family's own claim, for losses like their grief and lost support. A survival action is brought by the estate, for what your loved one themselves endured before passing — their pain, medical bills, and lost income. The two are separate but often brought together after a death.
Who brings a survival action?
A survival action is brought on behalf of the estate, generally by the estate's personal representative (the person appointed to act for the estate) or, in some situations, a successor in interest. If no estate has been opened, we can help identify and appoint the right person to bring the claim. The exact rules differ by state.
How much does a survival action lawyer cost?
We handle these cases on a contingency basis for cases we take, which means no fee unless we recover, and the initial review is always free and confidential. Cost should never stop your family from finding out where you stand.
We are here for your family
The case review takes about two minutes. It's free and confidential, with no obligation.