Fresno Personal Injury Attorney


If you are the loved one of a person who died because of the negligence of somoene else you need experienced counsel to lead you though the difficult times. Our  office has helped many clients in this situation give us a call to set up a case evaluation. 


Many times people injured by the negligence of somoene else end up succumbing to there injuires.  Many people wonder how to proceed in such circumstances.  I can give a general overview of what can happen it is not legal advice and you should seek legal advice as to the specifics of your particular circumstanes.  

in some circumstances a personal injur case will already be filed agains on behalf of the plaintiff that may then later succumb to there injuries.  

Under CALIFORNIA CODE OF CIVIL PROCEDURE 377.20 a cause of action for or against a person is not lost by reason of the persons death.  but survives subject to the applicable limitations period    Theses are called survival actions.  the code states that a cause of action survives the death of a person passes to the decendant's successor in interest. ( subject to the probate code) who may bring, or continue the cause of action.  

so if a person had a right to bring a cause of action before there death, whether it be from breach of contract, fraud, medical malpractice, or personal injury, when they die that right passes on to their estate or heirs.  This is similiar to the right to collect a debt owed to the decedent.  the heirs of the decedent would be entitled to collect that debt on behalf of the decedent.  the survival statutes do not create a cause of action they simply keep that cause of action from running out after the death of the plaintiff.  

if the decendant had a cause of action at the time of the death pending then the representatives can file a motion after the death of the person that started the action to keep the action going. 



Are limited to the loss the decedant sustained before death.  i.e. economic damages medical expenses etc. as well as punitive damages and some other damages recoverable.

If you have any further questions give our office a call and we can set up an appointment to help you.  

Schwab photo

Gerald Schwab, Jr.


Law Office of Gerald Schwab, Jr.
Fresno Personal Injury Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: (559) 295-0391