Compensation & What the Estate Recovers in California
No claim can undo the loss of your loved one. What a survival action can do is recover, on behalf of the estate, the losses your loved one themselves suffered before passing — and, brought alongside a wrongful death claim, it helps account for the full harm.
What a survival action can recover
For the estate, a survival action can generally recover your loved one's pre-death medical expenses and lost income, and — where the law allows — the pain and suffering they endured before death. What is recoverable varies by state and has changed, which we confirm for your situation.
Together with wrongful death
A survival action recovers what belonged to your loved one; a wrongful death claim recovers the family's own losses. Brought together, they aim to account for the full harm — to your loved one and to those left behind. Any recovery generally passes through the estate.
How we help
We document what your loved one endured and the estate's losses, pursue the survival action and any wrongful death claim together, and handle everything with care. The review is free and confidential. Se habla español.
Frequently asked questions
What can a survival action recover for our family?
For the estate, it can recover your loved one's pre-death medical bills and lost income, and — where the law allows — the suffering they endured. Brought with a wrongful death claim, it helps account for the full harm. Recovery generally passes through the estate.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
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.
Related topics
California injury law
This is general information about California injury law, not legal advice. Every case is different.
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