Unexpectedly losing a loved one is devastating and can be emotionally and financially draining to those left behind. While there is no amount of money that can replace the loss of a loved one, there are ways to ensure that justice is served for them.
Texas law recognizes two distinct types of claims that may help families move forward with their recovery and provides a path to justice when negligence causes fatal injuries. The loss of a loved one in Texas gives rise to both wrongful death and survival claims. There are some key differences between these two types of claims, including who can file and the damages they may yield.
A wrongful death claim is brought by the parents, spouse, and children of the deceased victim. Under the Texas Civil Practices and Remedies Code, wrongful death claimants have a right to recover damages including medical bills up to the date of death, funeral, and burial expenses, as well as loss of care, companionship, guidance, and financial support.
A survival action claim is similar to wrongful death in that it may be brought by a surviving family member on the decedent’s behalf; however, unlike a wrongful death claim, a survival claim is filed by the deceased’s estate representative. Survival claims focus solely on the suffering of the individual who died rather than the grief and financial loss of the surviving family members. This includes injury damages that the victim suffered prior to the time they passed away including pain and suffering, medical bills, and other expenses incurred after the accident but before their passing. The damages in a survival action are similar to the damages the individual may have received had the accident not resulted in his or her death.
If you or someone you love has been injured as a result of someone else’s negligent acts, contact an experienced attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling (713) 222-7211 or 1-800-870-9584 for your free consultation. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the longest-standing personal injury firm in Texas, and our attorneys are standing by to assist with your claim.