Losing a loved one is devastating. When that loss is caused by someone else’s negligence or wrongful act, the emotional shock is often compounded by practical and legal questions: Who can sue? What can families recover? How long do you have to act? This guide explains how wrongful death and related survival claims work in California, what damages are available, common hurdles, and practical steps families should take. Citations to the controlling California statutes and to resources on victimslawyer.com are included throughout so you — and any lawyer you hire — can follow the law and next steps precisely.
1) Two different claims after a death: wrongful death vs. survival action
When someone dies because of another’s misconduct or negligence, California law recognizes two distinct causes of action that often arise from the same set of facts:
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