When someone else’s negligence causes the death of a loved one, the surviving family may have two legal options: filing a San Antonio wrongful death claim or a survival action. In some cases, both types of cases can be filed. It is important to understand the different purposes, eligible parties who can file, which damages can be sought, and how the proceeds from the case are divided when determining which legal remedy to pursue.
Purpose
A wrongful death lawsuit seeks justice and financial accountability after someone’s negligent or wrongful conduct causes someone else’s death. This type of claim can recover financial and emotional damages for the survivors.
A survival action claim seeks damages based on losses for the limited time period between the accident and the personal injury victim’s death. It seeks compensation for the losses that the injury victim would have been able to recover compensation for had they survived and filed a personal injury claim.
Who Can File
A primary difference between Texas wrongful death and survival action cases is who has the right to file this type of legal claim. Only certain family members have the legal right to file a wrongful death claim in Texas, including the surviving spouse, children, or parents of the decedent. When more than one survivor exists, they each have the right to claim.
Survival actions are filed on behalf of the executor or administrator of the estate who is named in the decedent’s will. If there is no will, a parent, child, spouse, other family member, or individual can request to be appointed the executor of the estate by the court.
Who Benefits
In a wrongful death claim, the eligible family members receive the proceeds. The court determines how much each person will receive. The estate receives the proceeds from a survival action. The estate must pay the final expenses and outstanding claims before the proceeds are distributed according to the will or intestate law.
Available Damages
The damages that are awarded in wrongful death cases and survival actions are also different. Wrongful death claims can recover damages for the following:
- Funeral expenses
- Burial costs
- Lost household income and benefits
- Lost future earnings
- Lost inheritance
- Loss of love and companionship
- Mental anguish
- Emotional agony
Survival actions cover expenses and losses such as:
- Medical expenses up to the date of death
- Lost wages until death
- Property damage
- The victim’s pain and suffering
Contact George Salinas Injury Lawyers for Help with Your Case
An experienced catastrophic injury attorney from George Salinas Injury Lawyers can carefully review your case and determine which legal action makes the most sense for your particular type of case. Some situations may warrant bringing forth both types of legal claims. Our experienced legal team can walk you through your legal options, answer your questions, and explain your rights. Contact us today for a free consultation and legal assistance.