California Survivorship Claims: What They Are and How to File After a Loved One Dies
- Isabella Cristancho
- Jul 20
- 6 min read
Lost a loved one due to negligence? Understand California survivorship claims, their deadlines, damages, and your legal rights, with help from our attorneys.
When you or a loved one passes away due to another party’s negligence, California law may allow you to file a Survivorship Claim on behalf of your loved one’s estate. A Survivorship Claim is a Cause of Action in a lawsuit that is filed on behalf of the deceased person’s estate in order to recover money for losses the person suffered (economic damages such as medical expenses, lost earnings, and property damage, costs of suit and any other damages that may be permitted under the law). On behalf of the Estate, the successor in interest files the survivorship claim to recover damages it is entitled to. The successor in interest must file an affidavit or declaration signed under penalty of perjury that complies with the requirements of California Code of Civil Procedure section 377.32.
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1-For example, the deceased person’s pain and suffering (pre-death) were recoverable non-economic damages from 2022 to 2025. If the law that permitted this is revived in the future, these damages will become available in Survivorship Claims again. Consumer advocates are working hard to bring back the ability for loved ones to seek compensation for those who lost their lives and suffered before they passed away. The prior iteration of the law permitted these non-economic damages claims under certain conditions.
What are the Differences between Survivorship Claims and Wrongful Death Claims in California?
California survivorship claims sometimes get confused with wrongful death claims, but they are distinct causes of action. While both relate to the loss of a loved one (referred to as a “decedent”) and the underlying acts or omissions that establish liability, the damages and who has standing to bring the claims differ.
Survivorship claims focus on the decedent’s economic damages, described above, and wrongful death claims focus on the family members’ individual losses after the decedent's death. For children making claims as Plaintiffs in Wrongful Death suit, they can claim non-economic damages for loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, and guidance, and economic damages for financial support, loss of the value of household services, and funeral and burial expenses. For surviving spouses, many of these claimed losses are the same or similar, but their non-economic damages claims also typically involve loss of affection and loss of enjoyment of sexual relations with the decedent.
Time Limits for Filing Survivorship and Wrongful Death Claims
When dealing with the aftermath of a tragic loss, the last thing on your mind is legal paperwork. However, in order to maintain the right to hold a negligent private party accountable, you must file these claims during the appropriate deadline.
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2. Code of Civil Procedure section 377.60 and case law that interprets it determine who can bring forth a claim for Wrongful Death. For example, in addition to a surviving spouse and children, in some circumstances, even stepchildren can bring a claim.
Deadline for Filing Survivorship Claims Against a Private Party
Under California law, the deadline for filing a Survivorship Claim in a standard negligence case involving a private party (one that does not involve professional negligence or toxic exposure, for example) is the later date of the following:
Two years from the date of injury or accident; OR
Six months from the date of death
Deadline for Filing Wrongful Death Claims Against a Private Party
Wrongful death claims must be filed within two years from the date of injury/accident.
Beware: California Government Claims Carry Shorter Deadlines and Additional Requirements
The California Tort Claims Act covers Survivorship Claims and Wrongful Death Claims when a state or local government entity is responsible. You must file a government claim form within 6 months of the incident. After it’s rejected by the government entity or after 45 days have passed by with no response, you have another 6 months to file your claims in Court.
See Gomerman Bourn’s article on deadlines for a full breakdown.
Evidence Commonly Used in California Survivorship Claims
Survivorship claims often depend on detailed evidence showing the injuries, medical expenses incurred, property damage and financial losses (e.g., earnings statements) related to the deceased person before death.
Medical records are important to show that the treatment and medical expenses related to it were reasonably necessary and they typically form the basis for expert testimony.
Police reports, 911 audio, video footage, incident reports, workplace reports, coroner’s reports, death certificates, or other documents that contain investigative findings may help establish what caused the decedent’s death and who may have been responsible.
Pay stubs, tax returns, and employment records may be used to calculate lost wages or financial losses incurred between the injury and the decedent’s death.
If the claim goes into litigation, testimony may be required from experts and the same people who created many of these documents, along with testimony from the people making the claim and those defending against it.
Why Survivorship Claims Matter
Survivorship claims help ensure that a person’s legal rights do not disappear simply because they passed away. These claims allow the decedent’s estate to recover certain financial losses and medical expenses incurred before death while also holding negligent parties accountable for their actions.
For many families, survivorship claims arise during an emotionally difficult time. In addition to grieving the loss of a loved one, surviving family members are often faced with complex legal and financial issues following a fatal accident or injury.
At Gomerman Bourn & Associates, we are committed to helping families navigate complex survivorship claims. Our team of personal injury attorneys are ready to assist with compassion and clarity during these overwhelming times. Contact us today at 415-545-8608 for a free consultation to discuss your case and learn more about your legal options.
Frequently Asked Questions About California Survivorship Claims
What is a California survivorship claim?
A survivorship claim is a legal cause of action filed on behalf of a deceased person’s estate to recover economic losses the person suffered before death such as medical expenses, lost earnings, and property damage. Unlike a wrongful death claim, which compensates surviving family members for their own losses, a survivorship claim steps into the shoes of the decedent and pursues damages they could have claimed had they survived.
What is the difference between a survivorship claim and a wrongful death claim in California?
The key difference is who is being compensated and for what. A survivorship claim recovers losses suffered by the decedent before death (medical bills, lost income, property damage) and is brought on behalf of the estate. A wrongful death claim compensates surviving family members (such as a spouse or children) for their own losses after the death, including loss of financial support, companionship, and other non-economic damages. Both claims can often be filed together in the same lawsuit.
Who can file a survivorship claim in California?
A survivorship claim is filed by the successor in interest of the decedent’s estate. Under California Code of Civil Procedure section 377.32, the successor in interest must file a signed declaration under penalty of perjury establishing their right to bring the claim. This is typically the executor or administrator of the estate, or the person entitled to the decedent’s property under California law.
How long do I have to file a survivorship claim in California?
For standard negligence cases against a private party, the deadline is the later of two years from the date of injury or accident, or six months from the date of death. If a government entity is involved, stricter deadlines apply: you must file a government claim form within 6 months of the incident. Because these deadlines can be short and fact-specific, it is important to consult with an attorney as soon as possible after a loved one’s death.
Can a survivorship claim and a wrongful death claim be filed at the same time?
Yes. In California, a survivorship claim and a wrongful death claim are separate causes of action but are commonly filed together in the same lawsuit. The survivorship claim is brought on behalf of the estate, while the wrongful death claim is brought by eligible surviving family members. An experienced attorney can help ensure both claims are properly pleaded to maximize the recovery available to your family.
What damages can be recovered in a California survivorship claim?
A California survivorship claim can recover economic damages the decedent incurred between the time of injury and death. This includes medical expenses, lost wages or earnings, and property damage. Note that California law generally does not allow recovery of non-economic damages (such as pain and suffering) in a survivorship claim. Noneconomic losses are available through a wrongful death claim but are distinct from pain and suffering damages claims, which are only available to people who have been injured but not died.
Do I need a lawyer to file a survivorship claim in California?
While there is no legal requirement to hire an attorney, survivorship claims involve complex procedural requirements, strict deadlines, and detailed evidence gathering. Missing a filing deadline or failing to properly establish standing as successor in interest can result in losing your right to recover. Working with an experienced California personal injury attorney, especially one familiar with survivorship and wrongful death claims, significantly improves your chances of a successful outcome. Contact Gomerman Bourn & Associates at 415-545-8608 for a free consultation.
