Losing a loved one due to someone else’s negligence is devastating, both emotionally and financially. In Texas, families may have legal options to seek justice through a wrongful death claim or a survival action. While these claims are similar, they serve different purposes and compensate for different types of losses. Understanding how each works is essential to ensuring your family’s rights are fully protected during such a difficult time.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought by surviving family members when a loved one dies due to an act of negligence. The right to file these lawsuits varies from state to state. Under Texas law, not everyone has the right to file a lawsuit after the passing of a family member. This right is limited to the deceased’s spouse, children, and parents. The purpose of a wrongful death action is to compensate the surviving relatives for their individual losses stemming from the death of a family member.
Damages in a wrongful death claim can cover both emotional and financial losses. Some common examples include loss of companionship and support, emotional pain and suffering, lost wages, and funeral or burial expenses.
What Is a Survival Action?
A survival action is a type of civil lawsuit filed on behalf of the deceased person’s estate. A survival action pursues compensation for the losses the deceased suffered at the end of their life. This includes damages such as medical expenses, lost wages, and pain and suffering. It is easiest to think of this claim as the personal injury lawsuit the decedent could have filed had they survived.
In Texas, the executor or legal representative of the estate is responsible for filing the survival action. If successful, any compensation awarded becomes part of the estate and is distributed to heirs according to the deceased’s will or Texas intestacy laws if no will exists.
Key Differences Between Wrongful Death and Survival Action Claims
While wrongful death and survival action claims are both triggered by a person’s death, they serve different legal purposes. Here are some key distinctions:
- The Right to File – Wrongful death claims are filed by surviving family members, while survival actions are filed by the estate’s executor or representative.
- Purpose of the Claim – A wrongful death claim seeks to compensate the family for their emotional and financial losses. A survival action seeks to recover what the deceased could have claimed if they had survived.
- Type of Damages – Wrongful death damages include loss of companionship, mental anguish, and loss of financial support. Survival action damages include medical bills, lost wages, and pain and suffering endured before death.
- Who Receives the Compensation – Wrongful death damages go directly to family members. Survival action damages become part of the estate and are distributed to heirs or beneficiaries.
Discuss Your Legal Options With Lopez Franco PLLC
If you are considering legal action after the death of a loved one, the team at Lopez Franco PLLC is here to help. We understand how difficult it can be to focus on pursuing a civil suit at such a difficult point in your life. Contact us today for a free consultation, and let us carry the burden of seeking justice for your family.