Santa Cruz Survival Action Attorney

Attorney Michael Rehm - (800) 978-0754

Survival Actions in Santa Cruz County

Attorney Michael Rehm handles survival actions in fatal accident cases throughout Santa Cruz County. A survival action is distinct from a wrongful death claim — it enforces the legal claims that belonged to the decedent before death, as if the decedent had survived. Understanding the difference between these two claims, and why both typically need to be filed in a fatal accident case, is essential for any family navigating the aftermath of a preventable death.

What a Survival Action Is

Code of Civil Procedure §377.30 provides that a cause of action that survives the death of the person entitled to commence it passes to the decedent's successor in interest, subject to the Probate Code, and an action may be commenced by the decedent's personal representative or, if none, by the decedent's successor in interest.

California courts have been precise about the nature of this claim. A survival action is not a new cause of action that vests in the heirs at the moment of death. It is the decedent's own pre-existing claim — the same claim the decedent could have brought if they had survived — that continues after death by statute. The survival statutes do not create a new right; they prevent the abatement of the right that already existed.

How a Survival Claim Differs from a Wrongful Death Claim

The distinction between a survival action and a wrongful death claim runs through both who brings the claim and what damages are available.

A wrongful death claim under Code of Civil Procedure §377.60 belongs to the surviving family members. It compensates them for their own losses — the financial support, services, and companionship they lost because of the death. A survival action belongs to the decedent's estate, brought by the personal representative or successor in interest. It compensates for what the decedent suffered and lost between the injury and the death.

The damages available in a survival action include the decedent's pre-death pain and suffering, medical expenses incurred before death, and lost earnings from the date of injury to the date of death. These categories of damages cannot be recovered in a wrongful death action — the two claims are legally distinct and their damages cannot overlap. The California Court of Appeal confirmed in Ng v. Superior Court (App. 4 Dist. 2025) 329 Cal.Rptr.3d 355 that wrongful death and survival claims are separate claims with separate damages, and in the medical malpractice context, each carries its own MICRA noneconomic damages cap.

Who Brings a Survival Action

The survival action is brought by the decedent's personal representative — the executor or administrator of the estate — or, if no estate proceeding is pending, by the decedent's successor in interest. The successor in interest is the person who would have inherited the cause of action under the Probate Code. In many cases, the same person who brings the wrongful death claim is also the appropriate party to bring the survival action. The two claims are typically filed in the same lawsuit.

Why Both Claims Matter

In a fatal accident case where the decedent survived for any period after the injury — even hours or days — before dying, the survival action captures a category of damages that the wrongful death claim cannot reach: the decedent's own pain and suffering, medical treatment, and wage loss in that interval. Filing only a wrongful death claim and omitting the survival action leaves recoverable value on the table. Attorney Michael Rehm evaluates both claims in every fatal accident case.

The Statute of Limitations

Code of Civil Procedure §335.1 governs the limitations period. The defense may raise this deadline as a bar to a late-filed claim. Missing the deadline can potentially bar the lawsuit. Tolling doctrines may apply. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Retain Attorney Michael Rehm

Attorney Michael Rehm handles survival actions throughout Santa Cruz County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.