Who Can Bring a Survival Action in California?
Because a survival action belongs to your loved one's estate, it is brought by the person the law authorizes to act for the estate — not simply by any grieving relative. Understanding who that is, and getting them in place, is an early step.
The estate’s representative
A survival action is generally brought by the estate's personal representative — the person appointed to administer the estate — or, in some situations, by a successor in interest. This differs from a wrongful death claim, which certain family members bring in their own right.
If no estate has been opened
If probate has not been started and no representative has been appointed, that does not prevent a claim — we can help identify the right person and take the steps to authorize them to bring the survival action on the estate's behalf.
How we help
We identify who should bring the claim, help get them appointed if needed, and pursue the action for the estate. The review is free and confidential. Se habla español.
Frequently asked questions
Do I have to open an estate to bring a survival action?
Usually the claim is brought by the estate's representative, so some estate step is often involved — but if none has been opened, we can help identify the right person and take the steps to authorize them. It does not have to stop a claim.
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.
This is general information about California injury law, not legal advice. Every case is different.
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