How Is a Texas Survival Claim Different Than a Wrongful Death Lawsuit?
A Texas survival claim seeks compensation for the injuries experienced by the deceased victim. When a loved one was pursuing a personal injury claim prior to death, surviving family members can continue to pursue the claim on behalf of the deceased loved one’s estate. Injuries could include pain and suffering along with mental anguish that the deceased had experienced.
The estate brings the survival claim on behalf of the victim. In that sense, the claim survives the victim’s death. Moreover, the victim’s estate receives any compensation recovered.
Texas Survival Claim Law
Based on the Texas statutes, the cause of action for personal injury does not abate because of death. As though the person were alive, courts handle personal injury claims that seek compensation based on injury to the individual’s body, health, or reputation. The claim survives against the liable person. The claim also survives to the heirs, legal representatives, and estate of the injured person.
How Does a Survival Claim Differ from a Wrongful Death Claim?
In a wrongful death claim, surviving family members bring a lawsuit to pursue damages for themselves. Awards would compensate them for the losses they experienced as a result of the loved one’s death.
To file a wrongful death claim in Texas, you must be either a child, spouse or parent of the individual who wrongfully died. These surviving family members bring the action against the defendant responsible for the victim’s death. There is an additional legal basis that must exist. If the victim had lived and would’ve been able to pursue a personal injury claim, then specified family members have the legal right to file a claim. Examples of damages for surviving family members might include:
- Medical costs
- Funeral costs
- Loss of companionship
- Mental anguish
- Lost future income from the deceased
Rely on an Experienced Attorney
Having an experienced lawyer at your side is vital whether you are pursuing a survival claim or wrongful death lawsuit. A knowledgeable attorney can explain the legal nuances, advise you and help you seek the compensation you deserve. Whether you live in Tyler or Lubbock or some other Texas location, the Office of Michael R. De La Paz can help.