The Right to Bring Wrongful Death and Survival Actions in California

Losing a loved one due to the negligent, reckless or intentional actions of another person is a horrific tragedy. While no legal remedy can ever truly heal the pain, California law provides a path for grieving families to obtain compensation for their financial losses through a wrongful death action. In addition, the decedent’s estate can bring a survival action for losses the decedent suffered prior to death.

A wrongful death claim arises in situations where a life has been unjustly taken, whether due to a car accident, a defective product, a workplace incident, medical malpractice or a criminal act. California law allows for a wrongful death action to be filed by the decedent’s surviving spouse or children. Absent such relatives, the right to sue extends to parents, siblings or others entitled to the decedent's property under California’s intestate succession laws. Individuals who were financially dependent on the deceased, such as stepchildren, may also have the right to sue.

A plaintiff in a wrongful death action can pursue damages that reflect both the financial and emotional impact of their loved one’s absence. Economic damages may cover lost income, including what the deceased would have earned in the future, medical expenses related to the final illness or injury, and the often overwhelming costs of funeral and burial arrangements. Non-economic damages, though harder to quantify, are equally vital. They honor the profound loss of love, companionship, guidance, comfort and emotional support that can never be replaced.

In addition, the decedent’s personal representative can bring a survival action to pursue claims the deceased could have made if they had survived, such as for medical expenses or lost wages between the injury and death. Under a recent amendment to the survival action statute, the lawsuit may also seek to recover damages for pain, suffering or disfigurement, but generally only for actions filed between January 1, 2022 and January 1, 2026. The suit can also seek punitive damages in cases of particularly egregious wrongdoing. The damages recovered from a survival action are directed to the decedent's estate and distributed according to their will or state intestacy law.

The lawyers at Pulverman & Pulverman, LLP in Santa Barbara provide compassionate, dedicated legal support to families of wrongful death victims throughout California’s Central Coast. We are committed to securing the compensation that can help ease the burdens faced during such an incredibly difficult time. Call us at 805-962-0397  or contact us online to schedule a free consultation.