# How is a wrongful death claim different from a survival claim? Canonical: https://californiapersonalinjurylaws.com/guides/wrongful-death-vs-survival/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer A wrongful death claim is for certain survivors’ losses. A survival claim continues a claim the person who died could have brought. They are different claims. ## Hypothetical example A family seeks money for its loss after a death. The estate also seeks to continue the person’s own claim. ## How the rule works A wrongful death claim is for certain survivors’ losses. A survival claim continues a claim the person who died could have brought. They are different claims. ## What can change the answer Different people may have the right to bring each claim. The losses that can be claimed may differ too. Dates and current law matter. ## A useful next step Ask who may act for the estate. Check which claims and time limits apply before you settle. ## Court decisions behind this answer ### Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, pp. 1263–1265. A family’s wrongful-death claim is not the same as the deceased person’s surviving claim. They concern different injuries. Limit: These claims have different rules. Later changes to the kinds of loss that can be claimed need review. Source: https://law.justia.com/cases/california/court-of-appeal/2006/h028298.html ## Sources - [Code of Civil Procedure § 377.60 — Wrongful death claims](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=377.60.) - [Code of Civil Procedure § 377.30 — Survival of a claim](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=377.30.) - [Civil Code § 3333 — Compensation for harm](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3333.) - [Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256](https://law.justia.com/cases/california/court-of-appeal/2006/h028298.html) General information, not legal advice.