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When a person suffers fatal injuries due to another party’s negligence, grieving families may be left searching for legal answers. In California, survival actions allow a decedent’s estate to pursue compensation for the pain, suffering, and losses the deceased endured before death.
These claims are distinct from wrongful death lawsuits and still hold negligent parties accountable. At Boren Law, our Los Angeles survival actions lawyer is best suited to support families seeking justice.
A survival action is a legal claim brought by the personal representative of a deceased person’s estate. Under California Code of Civil Procedure § 377.30, this type of claim often allows the estate to recover damages the decedent would have been entitled to seek if they had lived. For instance, he or she can recover for medical expenses, lost wages from between the time of injury and death, and property damage. In some cases, a court may even award punitive damages as a punishment for the irresponsible or reckless behavior of the defendant who caused the death of a loved one.
Unlike wrongful death actions, which largely compensate surviving family members for their own losses, a survival action is focused on the losses (as well as pre-death pain and suffering) suffered by the decedent prior to death.
If a pedestrian was struck by a driver and remained hospitalized at, for example, LAC+USC Medical Center for several weeks before passing, their estate could, theoretically, hire a Los Angeles lawyer and pursue a survival claim for those weeks of suffering, medical bills, and lost income.
Generally, the plaintiff must meet several criteria to pursue a survival action in Los Angeles. First, the decedent must have had a valid claim at the time of their injury. If the individual could have sued for a personal injury had they survived, the estate may file a survival action on this individual’s behalf. The appropriate party, typically the executor or administrator of the decedent’s estate, must file the action within the applicable statute of limitations.
In California, this often means filing within just two years of the injury date or six months after the decedent’s death, whichever is later. In high-volume court systems like Los Angeles, meeting filing deadlines is a priority for a successful case. This is often difficult when dealing with the tragedy of losing a loved one.
Pursuing a survival action often requires navigating multiple legal hurdles, including complex probate procedures, evidentiary burdens, and coordination with wrongful death claims. This often can include reviewing LAPD reports, speaking with medical professionals, and working with the estate’s executor on procedural requirements. A lawyer can often do all of this, and, most importantly, a lawyer can ensure you file on time so your claim is not barred.
If a loved one suffered before their death, filing a claim may be the best option to pursue justice and secure compensation, which could help pay for their funeral, medical bills and other losses, and compensate for pre-death pain and suffering. While it does not make the grieving process easier, these claims could provide assistance and justice for those mourning their loved ones.
Our Los Angeles team is ready to answer your questions about survival action claims and give you more information about your legal options. Reach out today to schedule a free consultation; we work on a contingency fee, so you do not pay us anything unless we successfully secure a settlement or judgment on your behalf.