Families are sometimes surprised to learn that a wrongful death claim and a survival action are two distinct legal claims, each with its own purpose and, in some respects, its own considerations regarding timing and the type of damages available. Understanding both from the outset helps ensure nothing gets left out of the overall claim.
Wrongful Death Claims Differ From Survival Actions
A wrongful death claim compensates surviving family members for their own losses, such as lost financial support and companionship, while a survival action compensates for the pain, suffering, and losses the deceased person experienced between the injury and their death, essentially continuing a claim the person could have brought themselves had they lived to pursue it.
A wrongful death lawyer in Newport Beach can help determine whether one or both types of claims genuinely apply to a family’s specific situation, since the facts of the case, particularly how much time passed between the original injury and the eventual death, often determine which claims are realistically available to pursue. Both claims generally follow the same overall two-year filing deadline, but they involve different calculations of damages and, in some cases, entirely different procedural requirements as well.
Understanding which damages fall under which type of claim also matters greatly for how a settlement or verdict is ultimately distributed, since survival action proceeds typically pass through the estate while wrongful death proceeds go directly to the eligible family members named specifically by law.
Because a survival action technically belongs to the deceased person’s own estate, it may also need to go through a formal probate process before it can even be pursued, adding yet another procedural step that families aren’t always aware of at the very outset. Understanding this distinction early helps set realistic expectations about how the overall process is likely to unfold.
Whether a survival action is even worth pursuing often depends heavily on how much time passed between the injury and the eventual death, as well as what the person actually experienced during that period. A careful review of the medical timeline early on helps determine whether this additional claim is likely to add meaningful value or whether the family’s focus and resources should remain primarily on the wrongful death claim itself rather than splitting attention across both matters unnecessarily.
Understanding the distinction between these two claims ensures a family pursues full and appropriate compensation, rather than inadvertently leaving part of a valid claim unaddressed during an already difficult process that deserves a complete resolution.