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In California, generally speaking, wrongful death is the death of a person caused by the wrongful or negligent conduct of another person. The right to file a wrongful death law suit is based on whether an individual is an identified person in one of three recognized catergories of plaintiffs. A wrongful death law suit is not a law suit brought on behalf of a decedent. It is a law suit brought by a plaintff who has sustained pecuniary losses as a result of decedent having been killed.
To recover damages a decedent may have sustained while alive, a survival action would have to be filed on behalf of his or her estate. Any recovery obtained as a result of having filed a survivial action, would go to the decedent's estate, which, would then be distributed to decedent's heirs at law or persons named under decedent's will.
Generally, a law suit for wrongful death and survival are filed together because there are certain damages that can be recovered under one that are not recoverable under the other. This is because the right to sue in each action is held by different parties. In a survival action the right to sue is held by the estate of the decedent, whereas in a wrongful death law suit, the right to sue is held by persons other than the decedent.
If you have suffered the loss of loved as a result of a wrongful or negligent act of another person, then call Masonlawyers at (310) 860 -7798 or email us by clicking here.
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