Survival Action vs. Wrongful Death in California
After a death caused by negligence, two related claims can arise, and they are easy to confuse. Understanding the difference matters, because they compensate different losses and are often pursued together.
Two different losses
A wrongful death claim belongs to the family, for their own losses — their grief, the loss of the person's companionship and guidance, and the support the person would have provided. A survival action belongs to the estate, for what your loved one themselves endured before passing — their pain, medical bills, and lost income.
Often brought together
Because these cover different harms, they can usually be brought together after a death, so that both your loved one's suffering and your family's loss are accounted for. Sorting out which claims apply and who brings each is part of what we handle.
How we help
We identify every claim that applies, sort out who should bring each, and pursue them together with care. The review is free and confidential. Se habla español.
Frequently asked questions
Can my family bring both claims?
Often, yes. A wrongful death claim (the family's losses) and a survival action (the estate's claim for what your loved one endured) cover different harms and can usually be brought together. We help sort out which applies and who brings each.
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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