There are 2 separate and very different claims in California following a wrongful death: a survival action and a wrongful death action. The people who can assert each differs and the damages that can be pursued are separate as well. Neither can recover for emotional distress, however, a wrongful death claimant is entitled to compensation for their loss of love, companionship, comfort, care, assistance, protection, affection, and society of the decedent. Unlike wrongful death claims, survivor actions permit punitive damages.