What is a wrongful death claim in a survival action?

A wrongful death claim in a survival action is a legal cause of action that is available to the families of someone who has passed away due to the negligence or wrongful act of another party. This type of civil lawsuit is available to the surviving family members of a deceased in California, claiming damages for their loss. A survival action is a civil lawsuit that seeks to recover damages for the deceased’s injuries that impacted them before their passing. In a wrongful death claim, the family of the deceased will be able to pursue economic damages as well as non-economic damages, such as pain and suffering. Economic damages refer to the loss of earnings and benefits the deceased would have provided to the family. Non-economic damages are less tangible and refer to more subjective losses, such as pain and suffering or loss of companionship. In California, a wrongful death claim is brought against the party who is responsible for the deceased’s passing. This can include an individual, entity, or the government. The lawsuit must be brought within two years of the death by a personal representative of the deceased’s estate. The personal representative can be a blood relative, administrator, or executor assigned by the state. In California, surviving family members can seek compensation that can cover medical expenses, funeral and burial costs, lost wages and benefits, and mental anguish related to the loss of a loved one. The amount of damages that can be recovered in a wrongful death claim depends on the circumstances of the case, but the aim is to ensure that the deceased’s family is compensated for their loss.

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What is a wrongful death claim in a survival action?

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