A wrongful-death claim is brought by surviving family members for the loss of the decedent. A separate survival action belongs to the decedent’s estate for losses suffered between injury and death. Both can — and often should — be pursued together.
Overview
California Code of Civil Procedure §377.60 identifies who may bring a wrongful-death action: the surviving spouse, domestic partner, and children, and where applicable, dependent parents and other heirs entitled by intestate succession. CCP §377.30 governs the related survival action.
Key Considerations
- Standing — strict statutory list of eligible plaintiffs.
- Statute of limitations — generally two years from death; shorter for public-entity defendants.
- Economic damages — financial support the decedent would have provided, lost services, funeral and burial expenses.
- Non-economic damages — loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and training and guidance.
- Survival action damages — penalties, punitive damages, and pre-death expenses recoverable by the estate.
Damages
- Loss of financial support and household services
- Funeral and burial expenses
- Loss of love, companionship, society, and support
- Pre-death medical expenses and pain and suffering (survival action)
How We Engage
Initial consultations are complimentary, confidential, and conducted with the discretion these matters demand.
