Differences Between Wrongful Death vs. Survival Actions in Texas | Carabin Shaw Attorneys

If you are looking to pursue legal action after the wrongful death of a loved one in the Lone Star State, you may be overwhelmed by the nuances of Texas law. The difference between wrongful death and survival action is particularly complex, and it’s vital that you know the specific statutes you intend to claim damages under. Before you start on a claim, make sure to consult a professional attorney who specializes in wrongful death.

Carabin Shaw’s legal team has decades of experience and a record of success helping surviving families claim damages following the death of a loved one. We can walk you through every step of the legal process after the death of your loved one. Contact us online or call toll-free at 1-800-862-1260 to schedule your FREE case review today!

A wrongful death claim is a legal action meant to compensate the surviving relatives of someone who dies due to the defendant’s negligence or misconduct. If any of the following sound similar to your case, contact a local wrongful death lawyer to discuss the possibility of a lawsuit:

• Death resulting from workplace injuries
• Fatal medical malpractice
• Death from injuries suffered during a car accident
• Slip-and-fall deaths
• Deaths due to fire hazards, gas leaks, or other dangers in a commercial or rental property

Texas law states that wrongful death actions are “for the exclusive benefit of the surviving spouse, children, and parents of the deceased.” In other words, only immediate family members can recover damages in a wrongful death lawsuit in Texas. If the immediate family doesn’t begin action within three months, the executor of the deceased’s estate can do so instead. Our legal team at Carabin Shaw has an established record of winning damages for families in situations like yours. Our law firm’s client reviews speak to our experience and expertise.

Damages in wrongful death claims usually account for economic and non-economic losses. Economic losses include the sudden absence of income as well as medical bills and funeral costs. Non-economic damages include the surviving family’s pain and suffering and loss of consortium—defined as “all of the non-monetary benefits of a relationship.” The Texas wrongful death lawyers at Carabin Shaw can help you determine which damages you might be entitled to.

Texas law specifies that “when the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.” Exemplary damages are also known as punitive or non-compensatory damages. They are meant to punish the defendant rather than to compensate for a specific loss on the part of the plaintiff. Consult a wrongful death attorney with our firm to see if you might be owed exemplary damages.

Instead of compensating the survivors of the deceased for their losses, a survival action is meant to compensate for the losses suffered by the deceased themselves. Essentially, a survival action is a personal injury claim that someone might have pursued if they had survived their injuries or one that they began pursuing before their death. In these cases, the deceased’s attorneys will often continue the lawsuit as if the claimant were still alive.

As state law says, “[a] cause of action for personal injury to the health, reputation, or person of an injured person does not abate because of the death of the injured person”. The death of a claimant doesn’t let the defendant off the hook for damages. Unlike a wrongful death claim, which is restricted to the deceased’s immediate family, “the heirs, legal representatives, and estate of the injured person” can pursue a survival action claim in Texas.

If you think that the circumstances of your loved one’s death might warrant a survival action, contact a wrongful death attorney with Carabin Shaw. Our contingency-fee agreement means you pay nothing unless we win your case. Whether you’re thinking about suing for a wrongful death, continuing an existing lawsuit as a survival action, or simply looking to discuss your options, our legal team will fight for you to win the compensation that you deserve.

Contact us online or call 1-800-862-1260 any time, day or night, to get started. Our English- and Spanish-speaking staff are available to help you schedule your free case evaluation at all hours. There is no reason to delay, so call Carabin Shaw today!

For more information:

• Justia - Section 71.004
• Justia - Section 71.021
• Cornell Law School