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Articles Tagged with survival action

No one should have to lose a loved one as a result of the negligent, or careless, actions of another person. When someone dies because of someone else’s negligent behavior, family members often know they can file a wrongful death lawsuit against the individual to secure certain damages. However, many people are surprised to learn there is another type of claim they can file known as a survival action. So, what is the difference between a wrongful death claim and a survival action?

Wrongful Death Claims in Southern California

California law allows surviving spouses, partners, children, and grandchildren of the deceased to file a wrongful death lawsuit. The damages sought in wrongful death actions are intended to compensate surviving loved ones for their losses. These may include:

tom-pumford-254867-unsplash-copy-300x185If you have lost a loved one due to the negligence of someone else, you may be able to file a wrongful death claim, a survival claim, or both. Wrongful death and survival claims are similar to each other, but they also have distinct differences. It is important to understand what these are, so you know what you and your family are entitled to under each. No matter which type of claim you are filing, each has its own complexities. For this reason, it is important to speak to a San Francisco wrongful death attorney before filing a claim.

Wrongful Death

The California Code of Civil Procedure, Section 377.60 allows personal representatives of a deceased’s estate to file a wrongful death claim. The personal representative is either outlined in the deceased’s will, or is the deceased’s surviving spouse, child, or other family member. 

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