US-CaliforniaWhat is a survival action and how does it differ from wrongful death?
A survival action continues the deceased person’s own legal claims (e.g., pain and suffering before death); a wrongful death action compensates family members for their losses after the death. They are separate, distinct claims under California law.
What the Law Says
California law treats survival actions and wrongful death actions as two separate legal remedies with different purposes, plaintiffs, and recoverable damages.
A survival action is brought by the decedent’s estate to recover damages the person could have claimed had they lived — such as medical expenses, lost wages, and pain and suffering incurred between injury and death. It 'survives' the person’s death under Probate Code § 573.
A wrongful death action is filed by specific surviving family members (spouse, children, domestic partner, or dependents) to recover their own losses — like loss of financial support, companionship, and guidance — caused by the death itself. It is governed by Code of Civil Procedure § 377.60.
Importantly, these claims may be filed together or separately, but they cannot duplicate damages: for example, the estate cannot recover for the family’s grief, and family members cannot recover for the decedent’s pre-death pain.
Statutory TextAll causes of action, whether accrued or not, survive death, including actions for personal injury, conscious pain and suffering, and other damages.
— Probate Code § 573(a) — Survival of Causes of Action
Statutory TextA cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent's personal representative on their behalf: (1) The decedent's surviving spouse, domestic partner, children, and issue of deceased children…
— Code of Civil Procedure § 377.60(a) — Wrongful Death Actions
What Courts Have Said
California courts consistently emphasize that survival and wrongful death actions serve fundamentally different purposes and belong to different parties.
Held that survival and wrongful death claims are 'wholly independent' and may be pursued simultaneously without double recovery; damages must be carefully allocated to avoid overlap.
Clarified that wrongful death is a new cause of action belonging solely to heirs, while a survival action belongs to the estate and is limited to losses the decedent personally suffered before death.
What to Do
Determine whether the decedent had a pending or viable personal injury claim before death (for a survival action).
Identify eligible heirs under CCP § 377.60 to assess who may file a wrongful death claim.
File the survival action within 180 days after issuance of letters testamentary or of administration (Probate Code § 573(b)).
File the wrongful death claim within 2 years of the date of death (CCP § 335.1).
Consult a probate or personal injury attorney to avoid conflicting claims or barred remedies.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.