Entrepreneurship May 21, 2026 0 Comments

The Shocking Truth About Wrongful Death Claims That Could Make or Break Your Financial Future—Are You Missing Out?

Ever wondered how folks cope when tragedy strikes because someone else dropped the ball? When a sudden, untimely death crashes into the lives of families, wrongful death claims often become the go-to. But here’s the kicker — many don’t realize there’s a sibling claim lurking in the shadows called a survival action. Yup, it’s like a double-edged legal sword that can work in tandem to get the compensation flowing for the harms suffered. Now, before you zone out with legal jargon, trust me—understanding the subtle yet profound differences between these claims could mean the world for your loved ones and their rightful compensation. If you’ve ever been puzzled on how to navigate these murky waters or what you’re really entitled to, having a seasoned Bakersfield wrongful death lawyer by your side isn’t just helpful—it’s essential. Intrigued? You should be. Dive in to uncover the nuances of wrongful death and survival action claims, how recent changes shake things up, and why timing and who files matters more than you’d think. LEARN MORE

When a person unexpectedly dies due to someone else’s negligence, many families may file a wrongful death claim. What many people do not know is that they can also file a survival action claim if their case meets the requirements.

Speaking with a Bakersfield wrongful death lawyer can go a long way in helping you figure out what you can be compensated for if your loved one is a victim in a fatal accident at work, on the road, or out in public. A wrongful death lawyer can also help you figure out your eligibility for filing a survival action claim.

Survival Action vs Wrongful Death

These two types of claims help families obtain compensation for the loss of their loved ones in different ways. These two suits can be filed simultaneously and use a lot of the same evidence to determine compensation for both the decedent’s estate and their families. Read on to learn how these cases differ.

Wrongful Death

Wrongful death occurs when a person dies because an entity failed to fulfill a legal duty. These suits can be filed by surviving family members or dependents. If there are multiple family members who would like to file, they must file as one unit.

Families must file their lawsuit within two years of the date of death. If a government entity is involved, the timeframe shortens. Regardless, it’s recommended to file sooner rather than later to avoid the decay or loss of evidence.

Monetary Damages

Economic Damages

These damages refer to tangible expenses such as loss of financial support, household services, as well as funeral and burial costs. If the decedent was the sole provider, the family may be compensated for the money the person would’ve contributed to the home. This is calculated by considering the decedent’s age, health, potential income and earning potential, relationship to the family suing on their behalf, and the strength of evidence.

Non-Economic Damages

These damages refer to non-tangible expenses such as pain and suffering, emotional distress, loss of companionship, and loss of enjoyment of life.

Wrongful Death of Minors

The untimely loss of a child is an extremely traumatic event. In cases with deceased children, the parent/guardian(s) can file a case for their child. Since most children do not have work histories, lawyers rely on expert projections to calculate the value of financial support, benefits, and household services the child would’ve contributed to their family.

Survival Action

Survival actions focus on the deceased and the injuries they suffered before death. This claim can only be filed if the victim did not die at the scene and died because of their injuries afterwards.

Having a wrongful death lawyer in Bakersfield can be a big help to your family and potential inheritors. According to California CCP § 377.34, a decedent’s personal representative can sue on behalf of the deceased’s estate to gain compensation for any losses the decedent would’ve been able to receive for if they were still alive.

Representatives have 2 years from the date of the wrongful act or 6 months after death, whichever is later, to file a survival action case.

Monetary Damages

When calculating the cost of a survival action, a Bakersfield wrongful death lawyer will consider the impact of economic and punitive damages. Unfortunately, family members can no longer sue for non-economic damages their deceased loved one suffered as of 2026.

Economic Damages

These damages refer to tangible expenses such as medical expenses, lost wages, property damage, and/or loss of earning capacity. It also considers other out-of-pocket costs related to care such as transport, home modifications, and caregiver services.

Punitive Damages

These are monetary fines against the defendant for negligible and unconscionable actions/conduct. These damages are not a part of a compensation package but are a fine against the defendants who are found to have acted in a grossly negligent manner.

Survival Period

In a survival action case, the compensation amount also depends on the length of time the person stayed alive. If a person died instantaneously at the scene, then the max amount of money the family’s estate can receive is $50,000. If they lived longer than an hour to a few months after the accident, the range is anywhere between $50,000 to $5 million. This only applies if the decedent was severely injured and has the medical bills and doctor notes to prove their ailing condition.

Who Can Submit My Case if I Don’t Have a Lawyer?

In the absence of a lawyer, the following representatives can file a claim for your personal estate. These people may work with a lawyer to file the claim, but the lawyer will not be the main representative.

An accountant

A close friend

A member of your family

Anyone named in the trust or will

California’s Recent Changes

As of January 2026, survival actions will no longer allow reimbursement for non-economic damages that include pain, suffering, or disfigurement. Compensation will only be given for economic damages and any punitive damages.

You’re Not Alone

Navigating wrongful death and survival action claims can be incredibly taxing on families. Contact a Bakersfield wrongful death lawyer, like Vaziri Law, LLP, for legal support in your trying time.

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