The loss of a loved one due to an accident or injury caused by another person’s negligence is devastating. In many cases, families are aware that they may pursue a wrongful death claim to recover compensation for their own losses. However, fewer people realize that California law also allows the deceased person’s estate to pursue a separate legal claim known as a survival action.
If you are unsure what legal options are available after losing a loved one, a Bakersfield survival actions lawyer at Colvin Accident Lawyers can help you understand your rights and determine what compensation may be recovered on behalf of the estate.
Although survival actions and wrongful death claims are often filed together, they serve different legal purposes and compensate different losses.
A wrongful death claim is filed by surviving family members to recover compensation for the losses they personally suffered due to the death. These damages may include:
Funeral and burial expenses
Loss of financial support
Loss of companionship, care, and guidance
Emotional suffering and loss of moral support
A survival action is filed on behalf of the deceased person’s estate and seeks compensation for losses the decedent suffered before death. These claims focus on the harm experienced by the individual between the time of injury and the time of death, such as:
Medical expenses related to the final injury
Lost wages or loss of earning capacity before death
Pain and suffering endured prior to passing
A Bakersfield survival actions lawyer can explain how these claims work together and help ensure no available compensation is overlooked.
In most cases, the executor or personal representative named in the deceased’s will is responsible for filing a survival action. If there is no will, the court may appoint a representative to act on behalf of the estate. This could include:
A close family member
A trusted individual such as an accountant or attorney
Another court-approved estate representative
Timing is critical. In California, survival actions are generally subject to strict deadlines, often requiring filing by the later of:
Two years from the date of the incident causing death, or
Six months from the date of death
A Bakersfield survival actions attorney can review your situation, determine the applicable statute of limitations, and ensure all deadlines are met.
Handling a survival action involves legal complexity, detailed investigation, and careful documentation. An experienced attorney can assist by:
Providing guidance to estate representatives and family members
Collecting medical records, wage documentation, and other evidence
Identifying and valuing losses suffered by the decedent
Communicating with insurance companies and opposing parties
Negotiating a settlement or pursuing litigation in court
Presenting the case before a judge or jury, if necessary
At Colvin Accident Lawyers, we handle survival action cases on a contingency fee basis, meaning you pay nothing unless compensation is recovered through settlement or trial.
Losing a loved one is an incredibly painful experience—especially when their death was caused by negligence. A survival action allows the estate to recover compensation for the harm your loved one suffered before their passing, helping to bring accountability and financial relief.
The compassionate legal team at Colvin Accident Lawyers is here to help you understand the process and protect your family’s interests.
Contact us today to speak with a Bakersfield survival actions lawyer and schedule a free case evaluation.
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