Wrongful Death Vs. Survivor Actions In California: What’s The Difference?
Losing a family member due to an accident is a deeply traumatizing experience, made even more devastating when someone else’s negligence or misconduct causes the loss. This kind of tragedy can tear families apart emotionally and lead to long-term financial instability, especially if the deceased was the primary breadwinner.
For surviving loved ones, seeking legal compensation can provide justice and help avoid putting them in desperate financial straits. In California, families and estate representatives have two primary legal avenues for compensation: wrongful death claims and survivor actions. Each option has its own strengths, weaknesses, and legal considerations that must be taken into account before the family can make their decision.
Purposes And Damages
Wrongful death claims and survivor actions are primarily distinguished by the 4 W’s: who is bringing the legal action, what damages can be awarded, when is the suit being put forward, and why. Each option has different types of damages, or monetary compensation, that can be awarded.
Survivor Actions
Survivor actions are personal injury claims that the deceased started or could have filed but were prevented from doing so by their passing. These types of actions are only possible if the deceased survived some time after the accident. For example, if the victim received a traumatic brain injury as a result of the accident that would go on to kill them months or years later, a survivor action could be filed.
Survivor actions are designed to allow the deceased’s estate to recover damages that the deceased could have claimed if they had survived. These potential damages include medical expenses, lost wages, and property damage incurred between the injury and death.
Punitive damages can also be pursued to penalize the responsible party for especially reckless or malicious behavior that led to the accident. However, survivor actions do not cover non-economic damages such as pain and suffering caused by the loss of a loved one.
Wrongful Death Claims
On the other hand, wrongful death claims compensate surviving family members for the losses they have suffered due to the death. These claims allow recovery for loss of financial support, loss of love, companionship, and funeral expenses.
An important note to consider is that wrongful death claims do not permit punitive damages—or damages imposed by the court to dissuade similar behavior from others—for the emotional pain and suffering of the survivors. The only allowed exception is if the claim is filed after the successful felony prosecution of the person held liable for the accident.
Who Can File
While the immediate family will usually pursue the legal claim, this is not always the case. Each type of legal claim has stipulations that determine who can bring the action forward.
Survivor Actions
Survivor actions can only be filed by the representative of the deceased’s estate. This may be a person named in the deceased’s will or an individual appointed by the court to act on behalf of the estate.
Wrongful Death Claims
Wrongful death claims are filed by surviving family members, such as the deceased’s spouse, domestic partner, or children. If none of these relatives are available, others entitled to inherit under California’s intestate succession laws, such as siblings or parents, may also file a claim.
Timing & Statute Of Limitations
Civil cases in California typically have a two year statute of limitations, or the timeframe in which an aggrieved party can put forward a legal action after an accident or injury. However, injuries are not always immediately fatal, which can cause complications over the start date of the statute.
Survivor Actions
Survivor actions are filed when the deceased survived for some time after the event that precipitated the claim. If the deceased survived longer than the two-year statute of limitations for the event, the estate representative will get a six-month extension after the death, during which they can file their claim.
Wrongful Death Claims
Wrongful death claims can be filed regardless of whether the death occurred immediately or after some time. The statute of limitations for filing a wrongful death claim is generally two years from the date of death.
Tax Implications
An often overlooked aspect of civil suits is the impact the damages will have on their tax bill. Depending on the type of action taken, damages may be subject to federal and state taxes.
Survivor Actions
Awards obtained through survivor actions are typically subject to federal and estate taxes, which may reduce the net compensation received by the deceased’s estate.
Wrongful Death Claims
In contrast, awards from wrongful death claims are generally not taxed, giving the surviving family full access to the compensation.
How A Personal Injury Attorney Can Help
Both wrongful death claims and survivor actions present their own advantages, disadvantages, and legal hurdles that the surviving family and loved ones of the deceased need to consider when choosing how best to pursue their case. Determining which type of claim is most appropriate requires a nuanced understanding of the law and the unique circumstances of each case.
A personal injury law firm like Villasenor Law Offices can provide the expertise needed to navigate these legal challenges. Their team can help clients evaluate their options, identify the strongest claim for their situation, and develop a strategy to maximize the potential payout. By managing the legal complexities, Villasenor Law Offices allows grieving families to focus on healing while ensuring justice is served.
Families can confidently navigate the legal process with the help of a compassionate and skilled personal injury attorney from Villasenor Law Offices. If you’ve lost a loved one due to someone else’s negligence, contact Villasenor Law Offices today to discuss your options and take the first step toward justice and closure. Contact Villasenor Law Offices today!