Losing a loved one is an indescribable pain, especially when their death results from someone elseโs negligence. While no legal action can undo this loss, understanding the difference between a wrongful death claim and a survival action in Texas is essential. Knowing how these legal options work can help you determine the right path to seek justice and compensation.
When tragedy strikes, and a spouse, parent, or child loses their life due to anotherโs negligence, you might have the option to pursue a survival action, a wrongful death claim, or even both. This article by Houston wrongful death attorney Greg Baumgartner will introduce you to these legal avenues and explore their differences.
What is a Wrongful Death Claim in Texas?
A wrongful death claim is a legal action against the responsible party who played a role in causing your loved oneโs death due to negligence. In Texas, a surviving spouse, child, or parent of the deceased individual can initiate this claim. To succeed in a wrongful death claim, you need to demonstrate in court that the defendant had a duty to prevent harm, failed to fulfill that duty, and this failure directly led to your loved oneโs demise. You will need the help of a Houston, Texas wrongful death lawyerย to prove these elements of negligence beyond a reasonable doubt. If these aspects are proven, you might be entitled to receive compensation. In this context, damages are directed towards the plaintiff and may encompass several aspects, such as:
- Compensation for the income your deceased loved one contributed to your household.
- Coverage of the medical expenses incurred by your loved one during their treatment.
- Acknowledge the emotional distress youโve experienced due to their loss.
What is a Survival Action?
In contrast to a wrongful death claim, a survival claim follows a different legal trajectory. This type of claim centers around when your deceased family member survived the incident leading to their eventual passing. Survival actions are commonly applicable when the victim sustains injuries, survives for a period, and succumbs to them.
The right to initiate a survival action isnโt limited to immediate family members; the deceasedโs estate or heirs can also exercise it. The scope of compensation within a survival action encompasses:
- Reimbursement for medical expenses accrued during the victimโs treatment.
- Compensation for the pain and suffering the victim experienced during their final moments.
- Recovery of wages that were lost between the accident and their eventual death.
- Address any property damage incurred during the incident.
- Covering funeral expenses incurred as a result of their passing.
Wrongful Death Claim vs Survival Action Texas: Key Differences
Compensation for wrongful death cases focuses on the surviving family membersโ losses. In a survival action, damages are measured by the deceasedโs condition at the time of death, and the compensation goes to the estate.
When are Both Available?
Pursuing a wrongful death claim and a survival action might be viable in specific scenarios. Determining whether this option suits your case requires expertise, and seeking guidance from legal professionals experienced in wrongful death and survival action cases is essential.
The value of family holds a central place. Losing a family member is painful and could shatter the surviving members. Their ultimate goal is to offer a path to closure while working diligently to prevent similar tragedies. If your loved one died in an accident in Houston, Texas, or due to someone elseโs fault, find an experienced wrongful death lawyer ready to guide you through the legal process.
Contact Baumgartner Law Firm for help with Wrongful Death Litigation!
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
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6711 Cypress Creek Pkwyย
Houston, TX, 77069
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