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Serious & Catastrophic Injuries

California Survival Action Attorneys

Your loved one’s own legal claim may continue through the estate even though your family is also considering a wrongful death claim.

California Survival Actions
Are You Injured?

Tell Us About Your Loved One’s Claim

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Thank You

Your evaluation request has been received. A Citil Law team member will review it and reach out to you.

CITIL-2026-XXXXX

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Our team is reviewing your information and will reach out personally. We are here to listen, guide, and help you take the right next step.

This form does not create an attorney-client relationship.

Bodily Injury Scope

Citil Law represents people physically injured in these situations and families in wrongful death cases. We do not handle property-only claims.
Does This Match?

Could Your Loved One’s Claim Continue Through the Estate?

Your Loved One Lived for a Period After the Injury
Your Loved One Had Medical Treatment Before Death
Your Loved One Lost Income Before Death
Your Loved One Had Already Started a Claim
Your Family Is Also Considering Wrongful Death
A Personal Representative or Successor Is Being Identified
Protect Your Claim

Take These Three Gentle Steps for Your Family

Emergency Notice

Citil Law is not an emergency service. If your family needs immediate medical or safety assistance, call 911.
01

Give Your Family Space and Support

You do not need to solve every legal question immediately, but you can preserve essential records while your family handles funeral, medical, and personal responsibilities.

02

Identify the Estate Representative

Locate any will, trust, probate filing, letters of administration, or family information that may identify a personal representative or successor in interest.

03

Preserve Your Loved One’s Records

Keep medical bills, treatment records, income documents, photographs, claim correspondence, and evidence showing what your loved one experienced between injury and death.

Common Injuries

Your Loved One’s Surviving Claim May Follow These Forms of Harm

Emergency Medical Trauma

Your loved one may have received urgent treatment after the event.

Brain or Spinal Injury

Your loved one may have lived with profound neurological harm before death.

Burn or Inhalation Injury

Your loved one may have experienced serious physical effects from heat, smoke, or chemicals.

Multiple Fractures

Your loved one may have required surgery, stabilization, or intensive care.

Internal Organ Injury

Your loved one may have faced internal bleeding or organ failure.

Fatal Medical Complications

Your loved one’s initial injury may have led to later life-ending complications.

Understand Your Family’s Options

How Your Loved One’s Claim May Continue in California

Separate Your Loved One’s Claim from Your Family’s Claim

When your loved one dies because of another person’s conduct, California law may recognize two distinct paths. A survival action continues a claim your loved one could have pursued while living. Your family’s wrongful death action addresses the losses qualifying survivors experience because of the death. Understanding that separation can help your family organize records without feeling that you must place one claim above the other.

The survival claim belongs to your loved one’s estate, not automatically to every relative. It may include losses your loved one incurred between injury and death, subject to current California law and the evidence. Your family’s wrongful death claim may address lost financial support, services, companionship, guidance, and other legally recognized losses. Your claims must avoid recovering twice for the same item.

Confirm Who Can Speak for Your Loved One’s Estate

Code of Civil Procedure § 377.30 generally allows your loved one’s personal representative to commence the surviving claim. If no personal representative exists, a successor in interest may be able to act. Your will, trust, probate documents, court appointments, and family structure can help establish who has authority, but your family should not assume that the closest relative automatically holds the estate claim.

A successor may need to provide the declaration and supporting information California procedure requires. If a probate case is open, the appointed representative may control the action. If your loved one had already filed a lawsuit, the proper estate representative or successor may continue it through the required substitution process. Clarifying authority early can prevent several relatives from receiving inconsistent information or taking conflicting steps.

Document What Your Loved One Experienced Before Death

Your loved one’s medical records may show emergency treatment, hospitalization, procedures, rehabilitation, symptoms, and the progression from injury to death. Bills and payment records may establish economic loss. Employment documents may show income your loved one lost before death. Photographs, messages, journals, witness observations, and existing claim correspondence may help explain the period that belongs to the estate’s claim.

The damages available in a survival action depend on California law, the filing timeline, and the facts of your loved one’s case. You do not need to place a financial value on your loved one’s experience while grieving. Your immediate task is simply to preserve the records that explain the injury, care, losses, and time between the wrongful act and death.

Protect Every Deadline Without Pressuring Your Family

Code of Civil Procedure § 335.1 generally provides two years for an action involving injury or death caused by wrongful act or neglect, but your family may face other timing rules. A public entity can trigger the six-month claim-presentation period in Government Code § 911.2. Medical negligence, federal law, or an existing lawsuit can also affect the path and timing available to you.

Your family can begin with a calm factual inventory: who caused the event, where it occurred, whether a public body was involved, what treatment your loved one received, who represents the estate, and which relatives may qualify for wrongful death. Early guidance can protect both claims while reducing repeated requests to grieving relatives and keeping communication organized through one trusted family contact.

A Clearer Path Forward

How Citil Law Approaches Your Case

1

We Listen

You tell us what happened. We take the time to understand the full picture.

2

We Review

Our team examines the facts, documentation, and applicable California law.

3

We Explain the Next Step

We provide a clear, honest assessment and outline the path forward.

4

If We Take Your Case

We may handle evidence gathering, insurance communication, medical documentation, negotiation, and litigation preparation.

What We May Review

✓ Your loved one’s death certificate and official incident records
✓ Your loved one’s medical treatment and bills before death
✓ Your loved one’s income loss and other pre-death financial records
✓ Your will, trust, probate, or estate-representative documents
✓ Your successor-in-interest declaration information when applicable
✓ Your loved one’s existing lawsuit, claim, or insurer correspondence
✓ Your family relationships relevant to a separate wrongful death claim
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Case Evaluation
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Potential Impact

Your Estate Claim May Address These Pre-Death Losses

Your family’s available recovery depends on the evidence, current California law, the estate’s authority, and your individual circumstances.

● Your loved one’s medical expenses
● Your loved one’s pre-death income loss
● Your loved one’s property loss tied to the injury
● Your loved one’s available non-economic losses
● Your loved one’s existing legal claims
● Your estate’s qualifying litigation costs
Common Questions

Frequently Asked Questions

A survival action continues a claim your loved one held before death and belongs to the estate. A wrongful death claim belongs to qualifying family members and addresses the losses they experience because of the death.

Code of Civil Procedure § 377.30 generally allows the personal representative to bring the claim or, if no personal representative exists, your loved one’s successor in interest. Your family documents and probate status help identify the proper claimant.

Possibly. Your family may have a wrongful death claim while the estate holds a survival claim, but the claims protect different interests and cannot duplicate the same loss.

The available estate losses may differ when little or no time passed between injury and death. Your family may still have a wrongful death claim if you qualify under California law.

Does Your Family Need Clarity After a Preventable Death?

Tell us what happened and whether your loved one received care or held a claim before death. We can explain how the estate and family claims may differ.

Submitting a case evaluation does not create an attorney-client relationship.