The family of a died person once filed a lawsuit against the decedent’s doctor and hospital, claiming the professionals in the medical field did not diagnose and treat his or her complications, and this caused his or her fatal overdose. This is just one of the examples of a wrongful death case, which you may be familiar with. There is another lesser-known lawsuit known as “survival action”, which is similar to wrongful death. This post will establish the distinction between survival action and wrongful death.
A Primer on California Wrongful Death
If the unexpected demise of a person happens because of the intent or negligence of someone else, then it might just leave the former’s family in a financially vulnerable state. The surviving family usually needs to pay for not just the wake costs, but also the funeral expenses. On top of that, if the decedent was the only one in their family to support them, the surviving partner or spouse has to support their dependants including kid(s).
Survivors of the decedent can file a wrongful demise claim for compensation for damages if they feel that their family member passed away due to medical malpractice, intentional homicide, or car accident.
In some cases, the family of the victim may file the claim for cases which also qualify for homicide or murder.
How a Wrongful Death Claim Differs from Survival Action
The main difference between the two is in the kind of compensation for damages sought. The former claim only focuses on the damages amount given to the decedent’s family and his or her beneficiaries, not just for their loss but also for the financial issues they incurred because of their family member’s passing away.
A survival action focuses mainly on the damages related to the deceased’s income and estate on the basis of what they could possibly have got had he or she lived. This includes compensation for not just the pain and suffering that person had to undergo following injury until demise but also lost earnings.
Who is Allowed to Make the Claim?
The following parties are allowed to file a California wrongful death claim.
- The deceased’s children and spouse
- Those who were reliant on the decedent for money
- Those entitled to the decedent’s property as per a court decision or will.
Meanwhile, the deceased’s estate representatives may file the other claim.