As the name suggests, a survival action refers to a legal action that arises after an individual suffers an injury or death due to the negligence or wrongful actions of another individual or entity. In California, a survival action is a legal concept that allows the estate of a deceased individual to bring a claim for damages that the deceased person would have been able to pursue if they were still alive. Essentially, a survival action is a continuation of a claim that the deceased person could have pursued if they had not passed away.
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Understanding the Purpose of a Survival Action
The primary purpose of a survival action is to ensure that the deceased person’s estate can recover damages for any injuries or losses that the deceased person suffered as a result of the wrongful act. In California, the damages that the estate can recover through a survival action include:
- Any medical expenses associated with the deceased person’s treatment for the injuries that ultimately led to their death
- Compensation for pain and suffering that the deceased person experienced before their death
- Any lost wages or income that the deceased person would have earned if they had not passed away
- Funeral and burial expenses for the deceased person
Who Can File A Survival Action?
In California, certain individuals have the legal right to file a survival action on behalf of the estate of the deceased person. These individuals, also known as the "successors in interest," can include:
- The deceased person’s surviving spouse or domestic partner
- The deceased person’s children
- The deceased person’s parents
- Any other individual who can legally inherit the deceased person’s estate, such as a sibling or a grandparent.
Time Limits for Filing a Survival Action
In California, there are specific time limits for filing a survival action. Generally, the estate of the deceased person has two years from the date of the person’s death to file a survival action. However, there are some exceptions to this rule that could extend or shorten the deadline for filing, depending on the circumstances of the case.
Conclusion
If you have lost a loved one due to someone else’s negligence or wrongful actions, it’s important to know that you may be able to pursue a survival action to recover damages on behalf of your loved one’s estate. By understanding the purpose of a survival action, who can file it, and the time limits for filing, you can take the necessary steps to protect your legal rights and seek the justice and compensation that your loved one deserves.