After an accident or incident, there may be a number of legal proceedings initiated that all stem from that one particular accident or incident. For instance, an accident causing bodily injury and property damage as a result of driving while intoxicated may result in both criminal charges and civil litigation. The criminal charges are initiated as a form of punishment while the civil litigation is a way for the victim to obtain monetary compensation for the damages that he or she sustained. Similarly, after an accident or incident that results in a fatality, there may be multiple claims filed to obtain relief on behalf of the deceased individual. Monetary compensation may be obtained through either a survival action or a wrongful death action. If you or your loved one has been injured in an accident in the state of California, contact Sanford A. Kassel, A Professional Law Corporation for a risk-free initial consultation today.
Understanding the Differences
While the goal of both survival and wrongful death actions are to obtain just monetary compensation for the injuries that resulted in fatality, there are key differences between the two types of actions. Some crucial differences can be summarized as follows:
- Different actions: A survival action is an action that allows the party bringing a claim to step into the place of the fatally injured victim and file an action that the victim would have been able to initiate had he or she survived. Survival actions require the victim to have survived the accident or incident, even if only for a brief period of time. Wrongful death actions allow the family members to pursue a claim against the responsible party for damages they sustained as a result of the death of their loved one.
- Standing: In survival actions, the personal representative of the decedent’s estate generally files the survival action. However, in wrongful death actions, the deceased individual’s spouse, domestic partner, or surviving children have standing to bring an action. The statute also allows for others to file an action in limited instances including the personal representative, step children, dependent children, or others who would be entitled to property of the decedent through the laws of intestate succession.
- Damages: In survival actions, damages are those that the fatally injured victim could have recovered including lost wages and medical expenses. In some limited circumstances, punitive damages are also available. In wrongful death actions, damages include those that resulted after the death of the victim such as funeral expenses, burial expenses, loss of support, loss of companionship, loss of moral support, and the loss of intimate relations.
Contact Sanford A. Kassel Law, PC
Sanford A. Kassel, A Professional Law Corporation is an experienced firm located in San Bernardino, California. Our attorneys practice personal injury, medical malpractice, and employment law. If you or someone you know is in need of a personal injury lawyer, our firm will be happy to meet with you for a risk-free initial consultation. We assist clients in San Bernardino, Riverside, Inland Empire, and throughout Southern California.
