About Wrongful Death Cases and a Survival Claims in Texas

Wrongful Death Case and a Survival Claim in Texas

Losing a loved one is very sad. It can be even harder if their death was caused by someone else’s mistake or bad behavior. 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. The Houston wrongful death attorneys at Baumgartner Law Firm explain the difference between a wrongful death case and a survival claim in Texas.

What is a Wrongful Death Case?

Definition and Purpose

A wrongful death case is when the family of someone who died because of someone else’s mistake or bad behavior sues in civil court. Getting a wrongful death lawyer in Texas is recommended. A wrongful death case is filed to get compensation for the losses and damages suffered by the family of the deceased person.

Who Can File a Wrongful Death Case?

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 person who passed away doesn’t have a living spouse, children, or parents, the executor or administrator of their estate can file the case for their estate.

What Damages Can Be Recovered in a Wrongful Death Case?

In a wrongful death case, damages are meant to compensate surviving family members for their losses and damages. These damages may include:

Loss of financial support and benefits that the deceased would have provided
Loss of companionship, love, and guidance
Mental and emotional anguish
Funeral and burial expenses
Medical expenses related to the deceased person’s final injury or illness.

What is a Survival Claim?

Definition and Purpose

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 is when someone tries to get compensation for what the deceased person would have received if they had lived after the accident or injury.

Who Can File a Survival Claim?

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.

What Damages Can Be Recovered in a Survival Claim?

Survival claims can recover damages to compensate the deceased person’s losses before their death. This helps the estate recover from the harm suffered. These damages may include:

Pain and suffering that the deceased person experienced before their death
Medical expenses incurred before their death
Lost wages or earning capacity
Property damage
Punitive damages if the death was caused by a willful act or omission or by gross negligence

Key Differences Between a Wrongful Death Case and a Survival Claim

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.

Purpose

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.

Who Can File the Claim

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. Get an experienced lawyer to help you file a wrongful death case in Texas.

Damages Recovered

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, damages are given to compensate the family for their losses and damages. In a survival claim, damages compensate the estate for losses and damages the deceased person suffered before their death.

Statute of Limitations

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 accident.

Examples of Wrongful Death Cases and Survival Claims

Wrongful Death Case Example

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.

Survival Claim Example

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 family sued the construction company for financial compensation. They sought to cover his medical bills, lost income, and pain and suffering. Unfortunately, Mark passed away before the case was resolved. Mark’s parents also made a wrongful death claim for the loss of their son.

Wrongful Death and Survival Cases are Different

In Texas, there are two different legal claims that can be made after a fatal accident: a wrongful death case and a survival claim. Both types of compensation help the deceased person’s family recover from their losses. However, they differ in who can make a claim and what damages can be covered. If someone you love died because of someone else’s mistake, it’s important to know the difference between these claims and take legal action.