In Texas, families who lost a loved one due to someone else’s careless or intentional actions may encounter two types of legal claims: wrongful death claims and survival actions. Both types of claims stem from the same fatal incident and aim to hold the responsible party liable for their actions. However, they differ in who can file the claim, who benefits from it and what types of damages they cover.
Who can file the claim?
Only close family members can file a wrongful death claim. This includes:
- Surviving spouses
- Children
- Parents
These individuals can file the claim together or separately. If they don’t file within three months of the death, the executor or administrator of the deceased’s estate can file the claim unless the family members request otherwise.
For a survival action, the deceased’s personal representative files the claim. This person is usually the executor named in the will. If there’s no will, the court appoints an administrator to serve in this role.
Who benefits from the claim?
The compensation from a wrongful death claim goes directly to the family members who filed the claim. This approach recognizes the personal loss suffered by the family and aims to support them financially after losing their loved one.
In a survival action, any compensation awarded becomes part of the deceased’s estate. The executor will then distribute the compensation according to the person’s will. If no will exists, Texas inheritance laws will determine how to divide the compensation.
What damages does the claim cover?
Wrongful death claims focus on the losses experienced by the family members due to their loved one’s death. This can include:
- Lost financial support
- Lost companionship and emotional support
- Mental anguish
- Lost inheritance
Survival actions, on the other hand, address the losses the deceased person experienced between their injury and death. This might include medical expenses, lost wages and pain and suffering they may have endured before death.
Seek the clarity you need
If you’re unsure about how to proceed with a wrongful death claim or survival action, don’t hesitate to seek professional legal advice. An attorney can help you understand your rights and guide you through the next steps in your case.