What is a survivorship action?

A survivorship action is a type of wrongful death lawsuit that can be filed in California. This type of lawsuit is brought against a defendant by the surviving family of a deceased individual who passed away due to wrongful death. Survivorship actions are a bit different than other wrongful death lawsuits because they allow the deceased’s estate to seek damages on behalf of the deceased individual. In California, a survivorship action can be filed against an individual or company if they fail to exercise reasonable care and that failure resulted in a death. It can also be filed as a claim against a product or in cases of medical malpractice. In a survivorship action, the plaintiffs (family of the deceased) may seek damages for medical expenses, lost wages, pain and suffering and other costs the deceased may have incurred due to their death. Unlike other wrongful death suits, the surviving family does not need to prove that the defendant intended to cause the death, only that the defendant’s negligence or neglect was a contributing factor to the death. The defendants must compensate the plaintiffs for any damages incurred due to the wrongful death, and the plaintiffs may be awarded punitive damages as well.

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What is a survivorship action?

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