What Is the Difference Between Wrongful Death and Survival Action?

Losing a loved one is distressing under any circumstances. If you have reason to believe someone had the power to prevent your loved one’s death and negligently failed to do so, it can be even more difficult to come to terms with the loss. In Texas, your family may have the right to file a wrongful death and/or survival action to pursue compensation for a preventable death. Compensation can bring justice to your loved one and provide financial stability. Learning the difference between the two types of cases can help you understand which is right for you.

What Is a Wrongful Death Claim?

A wrongful death claim serves as a tool for a family to recover compensation for its losses in connection with a relative’s death. A successful wrongful death claim will deliver compensation directly to the family without it having to go through the estate first. It is a civil lawsuit that claims someone else is responsible for the loved one’s death, and that as a result, that person should have to pay for the family’s related damages. Damages can be both economic and noneconomic during a wrongful death claim in Texas.

• Funeral and burial expenses the family paid (up to a reasonable amount)
• The amount the family paid in medical bills connected to the final injury
• Loss of the loved one’s wages, earnings, benefits and inheritance
• Mental anguish of surviving family members
• Loss of the loved one’s society, love, companionship and support
• Loss of the loved one’s household services

The amount a wrongful death case in Texas is worth varies according to the extent of the family’s losses. If a family loses its breadwinner, for example, the courts may award more compensation to make up for a lifetime’s worth of lost income. A wrongful death claim involving gross negligence or an egregious action by the defendant may also result in a greater award, as a judge may assign punitive damages.

What Is a Survival Action?

A survival action is another type of civil claim that may come after a negligence-related death in Texas. Rather than focusing on a family’s losses, a survival action focuses on the losses specific to the deceased victim (decedent). In essence, it pays the decedent’s estate what the decedent likely would have received had he or she survived the injury and been able to file a personal injury claim against the defendant. This type of claim can pay several damages straight to the decedent’s estate.

• Pain and suffering from the accident to the date of death
• Medical bills the victim paid until the time of death
• Lost income
• Property damages
• Legal expenses

Compensation for a survival action will go to the decedent’s estate, not the person filing the claim. Any amount paid to a decedent’s estate in Texas will first pay off remaining bills and debts the decedent owes to collectors, including liens. Any amount remaining will then go to beneficiaries based on the decedent’s will or the rules of intestate succession. In general, a family or personal representative of the estate will have two years from the date of a victim’s death to file a wrongful death action. The courts toll the deadline for up to one year after the date of death, however, for a survival action.

When to Contact an Attorney

Filing a wrongful death claim or survival action in Texas is not meant to make everything right. Nothing can take back the death of your loved one. A successful suit may, however, allow you and your family to move forward with greater peace of mind by paying for bills connected to the loved one’s death. The person who caused your loved one’s passing may owe you and/or the decedent’s estate financial compensation. Discuss whether you have grounds for a wrongful death claim and/or survival action with a Houston personal injury attorney near you. A lawyer can help you file both types of cases in Houston.