Burbank Survival Actions Lawyer

When an individual is killed as a result of negligence or wrongful conduct by another person or entity, they do not lose their right to file a lawsuit. The state has laws in place that allow the deceased’s estate or heirs to bring a legal action on their behalf.

If your loved one or a close relative has passed as the result of another party’s negligent actions or reckless conduct, a Burbank survival actions lawyer could help. A dedicated wrongful death attorney at Block LLP could work with you to recover compensation for expenses such as funeral costs, medical bills, and more.

Survival Actions Allow Recovery by the Deceased’s Estate

When an individual is killed from injuries sustained due to negligence or wrongful conduct, California Code of Civil Procedure § 377.30 provides that the right to bring a cause of action will pass to their successor in interest. The state allows the administrator of the deceased’s estate or their successor in interest to file the survival action in Burbank. To commence or continue the legal action, Cal. Civ. Pro. Code § 377.32 requires that the representative of the estate first file an affidavit or declaration with information such as the decedent’s death certificate.

A survival action allows the decedent’s successor in interest to recover compensation for losses or damages suffered by the deceased before their death. For example, a survival action might include economic damages for monetary losses such as medical costs, lost salary, funeral expenses, or property damage.

In addition to compensatory damages, the deceased’s estate can recover punitive or exemplary damages in a survival action when the defendant acted intentionally or with reckless disregard. Exemplary damages are intended to punish a defendant and deter future misconduct. The statute also makes clear that the decedent’s estate can recover noneconomic damages for pain, suffering, or disfigurement.

Wrongful Death Actions Can Provide Another Path to Recovery

While survival actions allow a deceased’s estate or successor in interest to recover damages suffered by the Burbank victim before their death, a lawyer can help analyze the option for the decedent’s surviving family members to pursue a wrongful death action under Cal. Civ. Pro. Code § 377.60.

Wrongful death actions allow the deceased’s surviving family members to recover compensation for losses they suffered as a result of the decedent’s death, such as funeral and burial costs, lost income, or loss of consortium with a spouse or domestic partner. Parties who can bring a wrongful death action include:

• Surviving spouses and domestic partners
• Children
• Grandchildren with deceased parents
• Parents

Individuals set to inherit the deceased’s estate through intestate succession can also bring the action.

Additionally, the decedent’s putative spouse, children of a putative spouse, stepchildren, parents, or legal guardians to file an action if they were dependents of the deceased victim. “Putative” means the surviving spouse thought a voidable marriage was still valid.

Time Limits to File Claims for the Deceased

A Burbank lawyer could help ensure the plaintiff’s complaint for a survival or wrongful death action is filed within a specified time period. For wrongful death claims, Cal. Civ. Pro. Code § 335.1 requires that the surviving relative commence the action within two years of the incident. This is the standard statute of limitations for most personal injury cases. However, Cal. Civ. Pro. Code § 366.1 states that plaintiffs must file survival actions within six months of the deceased’s passing or within two years, depending on which time period occurs later.

The state also has special time limits for certain types of claims, such as medical malpractice actions. For lawsuits against healthcare practitioners stemming from injury or death, Cal. Civ. Pro. Code § 340.5 states that the plaintiff must file the action within the earlier of three years from the date of injury or within one year from when the victim reasonably should have discovered the injury. For claims against the government for injury or death, California Government Code § 911.2 provides that the plaintiff must file an administrative claim within six months from the date the cause of action accrued.

Speak with a Burbank Attorney Immediately About Survival Actions

You should not hesitate to call a Burbank survival actions lawyer if your loved one was killed as the result of another party’s negligence. Delays in filing a claim could result in the court dismissing the lawsuit.

Our compassionate attorneys at Block LLP provide the personalized service of a small firm while delivering big-firm results. Contact us today to learn more about what we could do for you.