Modesto Survival Actions Lawyer

When a person dies because of someone else’s negligence, the deceased person’s estate can file lawsuits. In addition to a wrongful death lawsuit, a survival action is also common to recover the losses of the deceased.

A Modesto survival actions lawyer from Curtis Legal Group could answer your questions and review your case. Our compassionate wrongful death attorneys have the experience to guide you through the legal process.

What Are the State’s Survival Actions Laws?

Under California Code of Civil Procedure § 377.30, a survival action allows the decedent’s personal representative or successor in interest to pursue compensation for the losses the deceased suffered after the wrongful act but before death. A designated person, usually a close relative of the deceased, can file a lawsuit to seek compensation for the pain and suffering their loved one endured before their death because of someone else’s carelessness.

This differs from a wrongful death lawsuit under California Code of Civil Procedure § 377.60, which compensates surviving family members. Recently, amendments to California Code of Civil Procedure § 377.34 permit recovery of pain, suffering, and disfigurement in certain Modesto survival actions filed between January 1, 2022, and January 1, 2026.

Common Mistakes That Can Undermine a Survival Action

Aside from confusing a survivorship claim with a wrongful death action, failing to track which losses go to the estate versus family members is something our Modesto lawyers often see. Another mistake is missing filing deadlines: you must file the survival action within two years from the date of the wrongful act or six months after death, whichever is later.

Failing to gather evidence of medical expenses, lost earnings, or the decedent’s pain and suffering can also weaken a case. Overlooking liens by health insurers or failing to identify all liable parties, including possible employers, negligent operators, or co-defendants, may also limit recovery.

The Legal Process Families Can Expect in a Survival Action

The personal representative of the decedent’s estate must file the survival action in the appropriate Superior Court. The discovery process follows, during which both parties collect evidence, such as:

• Testimony
• Lost wages
• Medical bills
• Treatment records

If the decedent survived for a while after the injury, a person must also require proof of consciousness and suffering.

Next, the parties typically enter mediation or settlement negotiations; if they do not reach a fair resolution, the case proceeds to trial. Throughout the process, the parties must establish fault, quantify damages, and address lien obligations. The role of a survival actions attorney includes managing these steps, respecting Modesto court rules, and coordinating with probate if needed.

Potential Outcomes and Compensation in a Survival Action

Compensation in a survival action can include the decedent’s medical expenses incurred after the injury and before death, lost income for that period, property damage, and sometimes punitive damages. Punitive damages are rare, and the court only awards them if the defendant acted with malice.

Non-economic damages, such as pain and suffering or disfigurement, are also recoverable under specified conditions. However, amounts depend on the decedent’s survival period, quality of evidence, and insurance coverage. Our Modesto lawyers pursuing the estate’s survival action claim could consider these factors carefully.

Contact a Survival Actions Attorney in Modesto Today

Ralph S. Curtis, founder of Curtis Legal Group, holds an AV Preeminent rating by Martindale-Hubbell, a peer review rating of an elite group of 10 percent of the country’s top attorneys. His team has decades of combined experience and a strong record of client results.

If your loved one died because of someone else’s negligence and you are responsible for the estate, a skilled Modesto survival actions lawyer from our firm could help. Contact us now to schedule a free case review.