Wrongful death and survival actions are separate claims that may arise after a fatal accident in Texas. A wrongful death action seeks compensation for losses suffered by certain surviving family members, while a survival action preserves the personal injury claim the deceased person could have pursued if they had lived.
These distinctions can affect who is entitled to compensation and which damages may be recovered.
At Zehl & Associates, we’ve won Billions for our clients and their families, including some of the largest wrongful death verdicts and settlements in Texas history. Our attorneys have the resources, experience, and trial record to take on the largest corporations and insurance companies in the world — and win. We hold negligent parties fully accountable, prevent the dangerous conduct from ever occurring again, and secure the financial resources families need to care for and provide for themselves in their loved one’s absence.
What Is a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code § 71.002, a wrongful death action may arise when a person dies from an injury caused by another party’s wrongful act, neglect, carelessness, unskillfulness, or default.
Texas law allows the deceased person’s surviving spouse, children, and parents to bring a wrongful death action. These family members may seek compensation for losses they personally experience because of the death.
Depending on the case, wrongful death damages may include lost financial support, lost care and services, loss of companionship and society, mental anguish, and loss of inheritance.
What Is a Survival Action in Texas?
A survival action addresses losses suffered by the deceased person before death. Texas Civil Practice and Remedies Code § 71.021 provides that a personal injury cause of action does not disappear when the injured person dies.
Instead, the claim survives in favor of the deceased person’s heirs, legal representatives, and estate. It essentially allows the personal injury case that the deceased person could have brought during their lifetime to continue after death.
Damages in a survival action may include medical expenses, lost earnings, and conscious pain and suffering between the time of injury and death. The damages available will depend on the circumstances surrounding the fatal injury.
What Are the Main Differences Between Wrongful Death and Survival Actions?
The main difference lies in whose losses are being compensated. A wrongful death action addresses losses suffered by eligible surviving family members because their loved one died. A survival action addresses the losses the deceased person suffered as a result of the injury before death.
The people entitled to pursue and receive compensation can also differ. Wrongful death claims are brought for the benefit of a surviving spouse, children, and parents. A survival claim belongs to the deceased person’s estate and is pursued as provided by Texas law.
Zehl & Associates can identify which claims apply, document the separate losses suffered by the deceased person and surviving family members, and pursue all available sources of compensation.
Can You File Both a Wrongful Death Claim and a Survival Action in Texas?
Yes. The same fatal accident can support both claims when the requirements for each are satisfied.
For example, a person may suffer catastrophic injuries in a truck crash, receive medical treatment, and later die from those injuries. A survival action may seek damages for the losses the person experienced before death, while eligible family members may pursue wrongful death damages for losses resulting from the death.
Zehl & Associates can pursue both types of claims when supported by the facts and Texas law.
FAQ
How Long Do You Have to File a Wrongful Death Action?
Texas generally imposes a two-year statute of limitations on wrongful death actions. Under Texas Civil Practice and Remedies Code § 16.003, the claim generally accrues on the date of death. Exceptions can affect this deadline in certain cases.
How Long Do You Have to File a Survival Action?
The deadline for a survival action can depend on the limitations period for the deceased person’s underlying personal injury claim and rules that affect claims after a person’s death. Families should not assume that the filing period automatically begins on the date of death.
Do You Need an Attorney to File a Wrongful Death or Survival Action in Texas?
Hiring an attorney is not a requirement for every wrongful death or survival claim. However, these cases can involve questions about liability, available damages, estate matters, insurance coverage, and who has the authority to pursue each claim.
Contact Zehl & Associates To Schedule a Free Consultation with an Undefeated Texas Personal Injury Attorney
Wrongful death and survival actions serve different purposes, but both may provide compensation after a fatal accident. Zehl & Associates has recovered billions of dollars for accident victims and their families and remains undefeated in the courtroom.
Contact the firm today to schedule a free consultation with an undefeated Texas personal injury lawyer.
We proudly serve Harris County, Midland County, and throughout the state of Texas. We are located in Houston and Midland and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours