When a person dies because of someone else’s negligence, the emotional toll on the family can be immensely challenging and traumatic. Texas law provides two separate legal avenues to pursue compensation in these circumstances: wrongful death claims and survival actions.
While these claims are closely related, they serve different purposes and compensate different parties. Learning about how these claims work can help families ensure that all of their available damages are recovered. Reach out to our wrongful death lawyer in El Paso for if you need assistance with a wrongful death claim.
What Is a Wrongful Death Claim?
A wrongful death claim focuses on the losses suffered by the deceased person’s surviving family members. Under Texas Civil Practice and Remedies Code § 71.004, only the spouse, children, and parents of the deceased may file this type of lawsuit, at least initially.
This claim allows family members to recover compensation for the harm they’ve experienced due to their loved one’s death. Common examples include:
- Loss of the deceased’s financial support and income
- Loss of companionship, guidance, and love
- Emotional anguish and suffering
- Loss of household services the deceased provided
For instance, if a parent dies in a car accident caused by a negligent driver, their surviving spouse and children can pursue a wrongful death claim to recover for the financial and emotional impact of the loss.
What Is a Survival Action?
A survival action, on the other hand, focuses on the losses the deceased person suffered before their death. This claim is filed by the executor or personal representative of the deceased’s estate rather than by family members directly.
Essentially, it continues the personal injury claim that the deceased would have had if they had survived. Damages recovered through a survival action become part of the estate and are distributed according to the will or Texas’s inheritance laws if necessary.
Survival action damages may include:
- Medical expenses from the injury that caused the death
- Pain and suffering experienced by the deceased before passing
- Lost wages before the death
- Property damage resulting from the incident
For example, if someone is injured in a construction accident and then dies from their injuries weeks later, their estate can bring a survival action to recover the medical costs and pain and suffering endured during that time.
How the Two Claims Work Together
While wrongful death and survival actions are separate, they are often filed together in Texas. The wrongful death claim compensates the family for their losses, while the survival action compensates the estate for what the victim personally suffered.
Together, these claims ensure that both the deceased’s rights and the family’s rights are fully recognized. Any recovery from a survival action typically goes to the deceased’s heirs or beneficiaries after debts and estate costs are paid.
Contact a Wrongful Death Lawyer for Help With Your Case
If your loved one died because of another person’s actions, your family may be entitled to pursue both a wrongful death claim and a survival action. Contact Cal Mundell Law Firm, PLLC today for a free consultation at (915) 250-0700. Our El Paso injury lawyers are here to guide you through the entire legal process, including in the courtroom if needed.