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October 31, 2023 by Greg Baumgartner
Losing a loved one is a devastating experience, and it can be even more difficult when their death is caused by someone else’s negligence or wrongful act. In Texas, two types of legal claims can be pursued during a fatal accident: a wrongful death case and a survival claim. While these terms may sound similar, they are different and have distinct purposes. This article will explore the difference between a wrongful death case and a survival claim in Texas.
A wrongful death case is a civil lawsuit brought by the surviving family members of a person who has died due to another party’s negligence or wrongful act. Getting a wrongful death lawyer in Texas is recommended. The purpose of a wrongful death case is to seek compensation for the losses and damages that the surviving family members have suffered due to their loved one’s death.
Only certain family members in Texas can file a wrongful death case. These include the surviving spouse, children, and parents of the deceased. If the deceased person does not have a surviving spouse, children, or parents, then the executor or administrator of their estate can file the case on behalf of their estate.
The damages that can be recovered in a wrongful death case are meant to compensate the surviving family members for their losses and damages. These damages may include:
A survival claim is also a civil lawsuit that the estate of a deceased person brings. However, the purpose of a survival claim is different from that of a wrongful death case. A survival claim seeks to recover damages that the deceased person would have been entitled to if they had survived the accident or injury that caused their death.
In Texas, a survival claim can only be filed by the executor or administrator of the deceased person’s estate. This is because the damages recovered in a survival claim are meant to benefit the estate rather than the surviving family members.
The damages that can be recovered in a survival claim are meant to compensate the estate for the losses and damages the deceased person suffered before their death. These damages may include:
While both a wrongful death case and a survival claim are civil lawsuits brought after a person’s death, the two have several key differences.
Their purpose is the main difference between a wrongful death case and a survival claim. A wrongful death case compensates the surviving family members for their losses and damages. In contrast, a survival claim is meant to compensate the estate for the losses and damages the deceased person suffered before their death. These are the key differences in wrongful death or survival cases.
As mentioned earlier, only certain family members can file a wrongful death case. In contrast, only the executor or administrator of the estate can file a survival claim.
The damages that can be recovered in a wrongful death case differ from those that can be recovered in a survival claim. In a wrongful death case, the damages are meant to compensate the surviving family members for their losses and damages. In contrast, in a survival claim, the damages are meant to compensate the estate for the losses and damages the deceased person suffered before their death.
The statute of limitations, or the time limit for filing a claim, is also different for a wrongful death case and a survival claim. In Texas, the statute of limitations for a wrongful death case is two years from the date of the person’s death, while the statute of limitations for a survival claim is two years from the date of the person’s injury or illness that led to their death.
John and his wife Sarah were driving home from a family vacation when a drunk driver hit them. Sarah was killed instantly, and John suffered severe injuries. John and Sarah’s parents filed a wrongful death case against the drunk driver, seeking compensation for the loss of their wife and daughter and the emotional distress they have suffered. John also filed a personal injury lawsuit against the drunk driver for his injuries.
Mark was working on a construction site when he fell from a ladder and suffered a traumatic brain injury. He was in a coma for several weeks before passing away. Mark’s estate filed a survival claim against the construction company, seeking compensation for his medical expenses, lost wages, and pain and suffering before his death. Mark’s parents also made a wrongful death claim for the loss of their son.
Conclusion
In Texas, a wrongful death case and a survival claim are two distinct legal claims that can be pursued in the event of a fatal accident. While both seek to compensate for the losses and damages suffered by the deceased person and their loved ones, they have different purposes: who can file the claim and what damages can be recovered. If you have lost a loved one due to someone else’s negligence or wrongful act, it is important to understand the difference between these claims and seek the appropriate legal action.
Contact Baumgartner Law Firm in Houston for a free case evaluation and to learn your rights and options.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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