There are two types of lawsuits a person can file after losing a family member due to negligence or intent to harm. A wrongful death claim seeks compensation for the losses the family incurred after their loved one’s death. In contrast, a survivorship claim in California deals with the time between the incident and death, if applicable.
A person can only file a survivorship lawsuit when the family member did not die immediately from his or her injuries. This type of suit seeks to recover for the damages the deceased person (called the decedent) suffered personally before succumbing to those injuries.
Who May File a Survivorship Claim in California?
Either the estate’s personal representative or the decedent’s successor-in-interest may file a survivorship lawsuit. The plaintiff’s attorney must then show that the following facts are true:
- A person died,
- The death was a result of negligence or intent to harm,
- The decedent suffered damages before death, and
- The decedent has a personal representative who will convey those damages.
It can be unbearable to think about the physical and emotional pain a loved one suffered before passing away. A survivorship claim holds those responsible for that period of time before death. The surviving family may also file a wrongful death lawsuit to recover their own economic and non-economic losses after their loved one’s death.
Getting the Right Legal Assistance
Survivorship claims have their own set of rules under California law. If you believe you have grounds to file a lawsuit, it’s important to speak with an experienced attorney right away.
California limits the amount of time you have to file a lawsuit. We welcome you to contact CaseyGerry to schedule a confidential consultation. We can begin investigating right away. Our attorneys will explain the next steps and what you can expect. You can reach our office at 619-238-1811.
