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Wrongful Death vs Survival Action in Texas

Wrongful Death

July 22, 2024
6:29 pm

When a loved one passes away due to another party’s negligence or wrongdoing, families are often left grappling with profound grief and the complexities of the legal system. In Texas, two primary legal avenues provide relief and justice to surviving family members: wrongful death actions and survival actions. While both serve the purpose of holding the responsible party accountable, they differ significantly in terms of who can file the lawsuit, what damages are recoverable, and how the claims are pursued.

In this article, we’ll explore the distinctions between wrongful death vs survival action in Texas, helping you understand which legal path may be appropriate for your situation.

What is a Wrongful Death Action?

A wrongful death action is a legal claim brought by the surviving family members of a deceased individual whose death was caused by the negligence, recklessness, or intentional act of another party. In Texas, wrongful death claims are governed by Chapter 71 of the Texas Civil Practice and Remedies Code.

Who Can File a Wrongful Death Claim?

Under Texas law, only certain family members have the right to file a wrongful death claim. These include:

The deceased person’s spouse
The deceased person’s children (including adult children)
The deceased person’s parents

If none of these parties bring a wrongful death action within three months of the death, the executor or administrator of the deceased’s estate may file the claim on behalf of the family, unless all family members request otherwise.

What Damages Can Be Recovered in a Wrongful Death Claim?

The purpose of a wrongful death claim is to compensate the surviving family members for the losses they have suffered as a result of their loved one’s death. The damages recoverable in a wrongful death claim may include:

Loss of companionship and society: Compensation for the loss of love, comfort, and companionship that the deceased provided.
Mental anguish: Compensation for the emotional pain and suffering experienced by the family members.
Loss of inheritance: The value of the assets the deceased would have accumulated and left to the family members had they lived a normal lifespan.
Loss of financial support: Compensation for the loss of the deceased’s income that would have contributed to the family’s well-being.
Punitive damages: In cases where the defendant’s conduct was particularly egregious, the court may award punitive damages to punish the wrongdoer and deter similar behavior in the future.

What is a Survival Action?

A survival action, on the other hand, is a legal claim that allows the estate of the deceased person to recover damages that the deceased could have pursued had they survived. In essence, a survival action is a continuation of any personal injury claim the deceased person could have filed if they had not passed away.

Who Can File a Survival Action?

In Texas, a survival action can be filed by the executor or administrator of the deceased person’s estate. If the deceased did not have a will or an appointed executor, the court may appoint an administrator to manage the estate and pursue the survival action on its behalf.

What Damages Can Be Recovered in a Survival Action?

The damages recoverable in a survival action are intended to compensate the deceased person’s estate for the pain and suffering the deceased endured before death, as well as for financial losses directly related to the injury. These damages may include:

Medical expenses: Costs of medical treatment and care that the deceased incurred before their death.
Pain and suffering: Compensation for the physical and emotional pain the deceased experienced as a result of their injuries.
Lost wages: Income the deceased would have earned between the time of injury and their death.
Funeral and burial expenses: Costs associated with the deceased person’s funeral and burial.

Key Differences Between Wrongful Death vs Survival Action

Understanding the key differences between wrongful death vs survival action is crucial for determining the most appropriate legal recourse for your situation. Here are the primary distinctions:

1. Purpose of the Claim

Wrongful Death Action: Aims to compensate surviving family members for their losses resulting from the death of their loved one.
Survival Action: Seeks to recover damages that the deceased person would have been entitled to if they had survived the injury.

2. Who Can File the Claim

Wrongful Death Action: Filed by the deceased person’s spouse, children, or parents.
Survival Action: Filed by the executor or administrator of the deceased person’s estate.

3. Types of Damages Recoverable

Wrongful Death Action: Focuses on compensating family members for their losses, such as loss of companionship, mental anguish, and loss of financial support.
Survival Action: Focuses on compensating the deceased person’s estate for damages related to the injury, including medical expenses, pain and suffering, and lost wages.

4. Distribution of Damages

Wrongful Death Action: Damages are awarded directly to the surviving family members who brought the claim.
Survival Action: Damages are awarded to the deceased person’s estate and are distributed according to the terms of the deceased’s will or state intestacy laws if there is no will.

How Wrongful Death and Survival Actions Work Together

In many cases, wrongful death and survival actions are pursued simultaneously. While they serve different purposes, both actions can complement each other and provide comprehensive relief to the family of the deceased. The survival action addresses the deceased person’s pain and suffering and financial losses, while the wrongful death action compensates the family for their emotional and financial losses.

Statute of Limitations for Wrongful Death and Survival Actions in Texas

It’s important to note that Texas law imposes a statute of limitations on both wrongful death and survival actions. In general, you have two years from the date of the deceased person’s death to file a wrongful death claim. Similarly, survival actions must be filed within two years of the date of the injury that led to the deceased person’s death.

However, there are exceptions to this rule, such as cases involving minors or instances where the wrongful act was not immediately discoverable. It’s crucial to consult with an experienced attorney to ensure that your claim is filed within the appropriate time frame.

Proving Liability in Wrongful Death vs Survival Action Cases

To succeed in a wrongful death or survival action, the plaintiff must prove that the defendant’s negligence or wrongful conduct directly caused the deceased person’s injury or death. This typically involves demonstrating the following elements:

Duty of care: The defendant owed a legal duty of care to the deceased person.
Breach of duty: The defendant breached that duty of care through negligence, recklessness, or intentional misconduct.
Causation: The defendant’s breach of duty directly caused the deceased person’s injury or death.
Damages: The plaintiff suffered actual damages as a result of the defendant’s conduct.

In some cases, the defendant may attempt to argue that the deceased person was partially responsible for their injury or death. Under Texas’s modified comparative fault rule, the plaintiff’s recovery may be reduced by the deceased person’s percentage of fault, or the plaintiff may be barred from recovery altogether if the deceased was found to be more than 50% at fault.

Choosing the Right Legal Representation

Navigating the complexities of wrongful death and survival actions in Texas can be overwhelming, especially when you’re dealing with the emotional aftermath of losing a loved one. It’s essential to work with a knowledgeable and compassionate attorney who understands the nuances of these legal claims and can guide you through the process.

The Ammons Law Firm is dedicated to helping families in Texas seek justice for their loved ones. With extensive experience in wrongful death and survival action cases, our team is committed to providing personalized, compassionate legal representation to ensure that your rights are protected and that you receive the compensation you deserve.

Contact The Ammons Law Firm For Wrongful Death Claims

If you’ve lost a loved one due to someone else’s negligence or wrongdoing, you don’t have to face this difficult time alone. The Ammons Law Firm is here to support you every step of the way. Contact their firm today for a free consultation to discuss your case and learn more about how we can help you pursue justice through a wrongful death or survival action. Your family deserves answers, and we’re here to help you find them.

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