San Jose Survival Actions Lawyer
Your Loved One's Own Claim Doesn't End With Them.
When someone dies from injuries caused by another person’s negligence, the claim they could have brought can survive them. Our San Jose wrongful death attorneys pursue that survival action for the estate, alongside your family’s wrongful death claim.
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Two Claims, Two Kinds of Loss
After a fatal accident, most families hear about the wrongful death claim, which compensates the family for its own losses. Fewer know about the second claim California allows: the survival action.
A survival action is, in essence, the personal injury lawsuit your loved one would have filed if they had lived. Their right to bring it “survives” their death and passes to their estate. It recovers what they lost from the moment they were injured until they passed away.
The two claims are different in important ways:
The wrongful death claim belongs to the family; the survival action belongs to the estate
Close family members bring the wrongful death claim; the estate's representative brings the survival action
Each recovers a different set of losses, so neither duplicates the other
Both can be pursued at the same time, and in many fatal accident cases they should be. We can explain how they fit your family’s situation, at whatever pace feels right. The consultation is free, and you pay nothing unless we win.
Preparing a Survival Action
Identify the personal representative.
The survival action is brought by the estate’s representative, often called the executor or administrator. If there isn’t one yet, we’ll explain how one is appointed.
Collect the medical records and bills.
Care from the time of injury until death is the heart of the survival action. Keep every bill, even unpaid ones.
Gather proof of lost income.
Pay stubs and employer records show the wages your loved one lost while they were hurt.
Document damaged property.
A car, phone, or other belongings destroyed in the accident can be part of the claim. Keep photos and repair estimates.
Keep a timeline.
Note the date of injury, each hospital stay, and the date of death. The length and nature of that period shape the claim.
Call a lawyer early.
Survival actions have their own filing rules, and they can differ from the wrongful death deadline.
What a Survival Action Can Recover
Medical expenses
The cost of your loved one’s treatment from the time of injury until their death, which often includes emergency care, surgery, and hospital stays.
Lost wages
The income they lost while they were injured and unable to work.
Property damage
The vehicle or personal belongings damaged or destroyed in the accident.
Pain and suffering, in certain cases
California has allowed the estate to recover for a person’s pain and suffering before death in some cases, depending on when the case is filed. We’ll tell you whether it applies to yours.
How We Pursue Both Claims Together
A fatal accident usually produces one set of evidence, but two claims. We build them side by side so nothing falls between them.
We start with the facts of the accident: the police report, witness accounts, photos and video, and the medical records that explain your loved one’s injuries. The same proof of negligence supports both the survival action and your family’s wrongful death claim.
Then we separate the losses. The estate’s claim covers what your loved one suffered: their medical care, the wages they lost while hurt, their damaged property, and, where the law allows, their pain and suffering. Your family’s claim covers what you have lost: their support, their household help, and their love and companionship. Keeping the two clearly apart means every loss is claimed once, by the right party.
Throughout, we coordinate with the estate’s representative and the family, keep everyone informed, and take the insurer’s calls, so the legal work doesn’t add to your burden.
How California Treats Survival Actions
Only the estate can bring it
A survival action is brought by the personal representative of the estate, or in some situations a successor in interest, rather than by each family member.
It can run alongside a wrongful death claim
The two claims can be filed and pursued together, and they often are, because they compensate different losses.
Any recovery belongs to the estate
Money from a survival action goes to the estate and is distributed under your loved one’s will or California’s inheritance rules, which can differ from how a wrongful death recovery is shared.
The deadline is its own
A survival action’s filing deadline is not always the same as the two-year wrongful death deadline, and a claim involving a government entity can require notice within six months. Call early so neither claim is lost.
What Our Clients Say
Jimin is extremely straightforward, confident, and detailed. Do not judge her by her young looks! She's very knowledgeable and experienced. I experienced my first major car accident and needed a…
Venus Nguyen
I was introduced to Jimin through a friend after we had a bumper accident on a highway. Jimin came to us directly and very clearly explained the whole process, as…
Joshua Kim
From start to finish Jimin has been on my case and very informative about where they are in the process of things... every time it seems like I thought about…
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Survival Action FAQs
What is a survival action?
A claim brought on behalf of a person who died from their injuries, for the losses they suffered before death. It’s essentially the personal injury case they would have filed if they had lived.
How is a survival action different from a wrongful death claim?
A wrongful death claim compensates the family for its own losses, like lost support and companionship. A survival action compensates the estate for your loved one’s losses, like medical bills and lost wages between the injury and death.
Who can file a survival action?
The personal representative of the estate, sometimes called the executor or administrator, or in some cases a successor in interest. Family members bring the separate wrongful death claim.
Can we file both claims?
Yes. Both can be pursued at the same time, and in many fatal accident cases they should be.
Can the estate recover for our loved one's pain and suffering?
In certain cases, depending on when the case is filed. The rules have changed in recent years, so we’ll review the timing of your family’s case.
What if our loved one died at the scene?
A survival action may still recover some losses, such as damaged property. When there was little or no time between injury and death, the family’s wrongful death claim usually carries most of the recovery.
How long do we have to file a survival action?
It depends on the case, and it may not match the two-year wrongful death deadline. Call early so we can confirm the deadline for both claims.
What does it cost to hire you?
Nothing upfront. We work on contingency and cover case costs; you pay a fee only if we recover.
Get Your Free, Confidential Case Review, 24/7
Your loved one’s claim deserves to be heard, and so does your family’s. Call when you’re ready, or send the form; we respond 24/7, in English, Spanish, or Korean. Your consultation is free and private, with no pressure to decide anything on the call. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
