Understanding Survival Actions vs. Wrongful Death Claims in Texas

When tragedy strikes due to someone else’s negligence, Texas law provides families with avenues for justice and compensation. Wrongful death claims and survival actions each offer distinct paths to address the profound loss and emotional suffering experienced.

Families facing such losses grapple with both immediate and long-term consequences. Whether it’s pursuing damages for the suffering your loved one endured before their passing or seeking justice for the impact on your family’s life, knowing how to proceed may provide a sense of direction and comfort during a painful period.

What Is a Wrongful Death Claim in Texas?

In Texas, a wrongful death claim is initiated when someone’s death is directly caused by another party’s negligence, carelessness, or intentional wrongdoing. This type of legal claim is designed to provide financial compensation to the deceased’s family for the losses they’ve incurred due to their loved one’s untimely death caused by negligence due to medical malpractice, failure to obey traffic laws, or someone’s deliberate actions. 

Various types of damages may be recovered in a wrongful death lawsuit, including:

• Economic Damages: These may include the deceased’s lost earning capacity, medical costs related to the final injury or illness, and funeral and burial expenses.
• Non-Economic Damages: Compensation for loss of companionship and mental anguish experienced by the family members.
• Punitive Damages: These may be awarded in cases of gross negligence or malicious actions to punish the wrongdoer and prevent future misconduct.

Comprehending the scope and depth of wrongful death claims is essential for families seeking justice and reparation in the wake of a tragic loss. 

Who Is Allowed to File a Wrongful Death Lawsuit?

The right to file a wrongful death claim in Texas is reserved for specific family members, including the deceased’s spouse, children, and parents. Brothers and sisters are not permitted to initiate wrongful death claims under Texas law.

What Proof Is Needed in a Wrongful Death Claim?

Successfully asserting a wrongful death claim involves several critical elements of proof. First, negligence or intentional harm must be demonstrated, showing that the defendant’s actions or inactions directly led to the death. Secondly, it must be proven that the defendant owed a duty of care to the deceased, that the duty was breached, and that this breach was the direct cause of the death.

What Is a Survival Action Lawsuit in Texas?

A survival action lawsuit in Texas offers a unique legal avenue distinct from wrongful death claims. Essentially, a survival action allows the continuation of a personal injury claim that the deceased person would have been entitled to pursue, covering lost wages, medical costs, and the pain and suffering they endured before death.

Survival actions ensure that the rights to seek damages for injuries do not perish with the victim but are preserved and passed along to the estate. These claimed damages become part of the deceased’s estate and are distributed per the will or, in the absence of a will, through state succession laws.

Who Is Eligible to File Under the Texas Survival Action?

The process for initiating a survival action under Texas law is specifically structured to allow the executor of the deceased’s estate to be typically responsible for filing the claim. In cases where no executor or administrator has been appointed, the right to file the claim may be passed to the deceased’s heirs following Texas estate laws.

What Proof Is Required in a Survival Action Claim?

Proving a survival action claim involves demonstrating the direct impacts on the deceased, such as the evidence of suffering. It must be shown that the deceased experienced pain and suffering as a direct result of the defendant’s negligent or intentional actions.

Survival actions and wrongful death claims are similar. However, while wrongful death claims address the impact of the death on surviving family members, survival actions focus squarely on the decedent’s pain, suffering, and other personal losses incurred before death.

Contact an Experienced Wrongful Death Lawyer in Texas

Dealing with the complexities of wrongful death and survival actions demands knowledgeable legal guidance. Attorney Dale R. Rose, PLLC, recognizes that the effectiveness of your claim hinges on thorough preparation and empathetic legal representation. Our legal team, based in McKinney, Texas, is committed to providing the support you need during these trying times and ensuring your case is handled with the care and attention it deserves.

If you find yourself grappling with the painful loss of a loved one and are contemplating legal action, we encourage you to get in touch. To schedule a free consultation with our knowledgeable wrongful death attorney, call (972) 634-ROSE (7673) or complete a contact form today.