San Rafael Wrongful Death Lawyers

2) Survival Action

A survival action is different. It is brought by the decedent’s estate (through the personal representative) and focuses on what the person experienced before death and what they lost financially because of the incident.

A survival action may seek compensation for:

• Medical expenses incurred before death
• Lost wages the deceased incurred before death
• Property damage related to the incident (when applicable)
• Other recoverable losses allowed by California’s survival statutes

The practical takeaway: wrongful death damages address the family’s losses; survival damages address certain losses and expenses the deceased incurred before death. Many cases require pursuing both, and the structure matters because insurers frequently try to collapse issues into a single number without accounting for the full scope of recoverable damages.

What Must Be Proven in a Wrongful Death Case

Wrongful death cases are built on evidence. The claim must typically establish:

1. Duty of care: the defendant had a legal obligation to act reasonably
2. Breach: the defendant failed to meet that obligation (negligence, recklessness, or misconduct)
3. Causation: that failure caused or contributed to the death
4. Damages: the death resulted in legally recoverable losses

In practice, disputes usually focus on responsibility, medical causation, and the scope of damages. A well-prepared case anticipates these disputes and builds the record to withstand them.

Common Causes of Wrongful Death

Wrongful death claims can arise from many types of negligence, including:

• Motor vehicle collisions, including truck and commercial vehicle crashes
• Unsafe property conditions, including falls and hazardous conditions
• Negligent security and preventable violence in certain settings
• Defective products and dangerous equipment
• Serious medical errors (handled based on the specific facts and standards of care)

If you already know the event that caused the loss, the next step is confirming liability, identifying every source of insurance coverage, and documenting damages correctly.

How Kuvara Law Firm Helps Families

Families typically come to us because they need two things: answers and control of the process. We help by building the case with structure and by dealing directly with the insurance and defense side so your family is not forced into a constant negotiation cycle while you’re grieving.

Our approach commonly includes:

• Early liability analysis to identify who is responsible and why
• Insurance and coverage identification, including layered policies when businesses are involved
• Evidence development to prevent blame-shifting and record gaps
• Damages documentation that reflects both wrongful death and survival components
• Negotiation from a leverage posture, and litigation readiness when needed
• Clear communication so you understand what is happening and what decisions matter

We handle cases on a contingency fee, which means no upfront attorney’s fees and no fee unless we recover compensation.

How Long Do I Have to File a Wrongful Death Lawsuit in California?

Wrongful death cases are deadline driven. In many California cases, the general statute of limitations is:

• Wrongful death: two years from the date of death
• Related personal injury/survival components: timing can depend on the underlying claim and specific facts

There are exceptions that can change the timeline, including cases involving public entities or other fact-specific timing rules. The safest approach is to speak with a lawyer as soon as possible to confirm deadlines and preserve key evidence.

Steps to Take After a Loved One’s Wrongful Death

Losing a loved one due to negligence or recklessness is deeply painful. The emotional burden can feel insurmountable, and the natural inclination is to focus solely on grieving and processing the loss. However, it is crucial to take proactive steps to address the legal and financial implications of the situation. By acting decisively, you can protect your ability to seek justice and hold responsible parties accountable, which can bring a sense of closure and support your family during this difficult period. 

If your loved one recently passed away under circumstances that warrant a wrongful death claim, you should make every effort to: 

• Collect and preserve evidence. Building a strong case requires gathering and protecting any evidence related to the incident. This can include photographs of the accident or incident scene, medical records, police reports, or eyewitness accounts.
• Document the death’s impact. Wrongful death is not only about the immediate loss but also the long-term emotional and financial effects on your family. Documenting these aspects helps in clearly communicating the extent of the damages when pursuing compensation. This could include financial losses, emotional suffering, and even missed experiences that caused immeasurable harm to your family’s quality of life.
• Request a death certificate. Obtaining a certified copy of the death certificate is a necessary step for addressing both legal and insurance-related matters. This document provides official confirmation of the cause of death and is often a required piece of evidence when pursuing a case. 
• Refrain from speaking to insurers without legal guidance. Insurance companies may attempt to reach out in the aftermath of a wrongful death. Their primary objective is to minimize payouts, so it’s important to avoid discussing the specifics of the incident without an attorney's guidance. Anything you say could be used to undermine your claim, so wait until you are fully prepared to advocate for your family’s interests.
• Seek legal representation quickly. Only a knowledgeable legal professional can help you fully understand your rights and the options available for pursuing a case. Our San Rafael wrongful death attorneys can help you evaluate your circumstances, gather necessary evidence, and build a strategy that aligns with your goals. Wrongful Death & Survival Claims in California

Families often assume there is only one “wrongful death case.” In many situations, there are two separate legal claims that may exist after a fatal injury, each covering different harms and different categories of recovery:

1) Wrongful Death Claim

A wrongful death claim is brought by eligible family members for the losses they suffer because of the death. It is focused on the harm the death causes to the surviving family, not the harm suffered by the person who died.

In general, a wrongful death claim may seek compensation for:

• Loss of financial support the deceased would have provided
• Loss of household services (the practical contributions to daily life)
• Loss of love, companionship, comfort, care, assistance, and protection
• Loss of consortium (in spouse cases, where applicable)
• Funeral and burial expenses (depending on the circumstances and claims asserted)

Who Can File a Wrongful Death Lawsuit in California?

Wrongful death lawsuits are specifically authorized by California law. Under this statute, only certain family members can bring a claim.

This includes:

While other loved ones may suffer as a result of a wrongful death, they cannot file a claim in California unless they fall into one of these categories. Only “survivors” – as defined by law – can file a wrongful death lawsuit.

Survivors can bring a wrongful death action for any type of accident or injury that was caused by another person’s negligence, gross negligence, recklessness, or intentional wrongful conduct. Essentially, if a loved one dies because someone else did something careless or wrong, then their survivors may be able to file a wrongful death claim. This includes matters such as assault and battery, elder abuse, motor vehicle accidents, and dog bites.

Wrongful death claims are sometimes paired with survival actions. This is a type of personal injury lawsuit that survivors can file on behalf of the deceased’s estate. The difference between these two types of claims is that a wrongful death lawsuit compensates surviving family members for their losses, while a survival action compensates the deceased person’s estate.

Survival actions can be filed for two types of losses. First, a survival action can be filed for claims that are unrelated to the death but which the deceased had a right to sue for at the time of their death. Second, if the deceased survived an injury for some period of time prior to their death, a claim can be brought for that injury. 

Statute of Limitations for Wrongful Death Claims in California

Legal claims generally must be filed within a certain period of time, known as the statute of limitations. Wrongful death claims, like other types of personal injury lawsuits, must typically be filed within two years in the state of California. If you do not file within this timeframe, you will likely be unable to pursue a case or recover compensation, so do not wait to consult with a legal professional.