In Texas, if a person is killed as a result of another’s negligence, then certain individuals may make a claim for compensation against whomever is responsible. A wrongful death claim is limited to the spouse, children, and parents of the decedent. Damages can include medical bills up to the date of death, funeral and burial expenses, loss of the individual’s love, companionship, guidance, and financial support.
The estate of the decedent may bring an action for survival. A survival action is for recovery of the injuries and damages sustained by the decedent just before they died. It includes things like pain, suffering, and mental anguish before death. It may also include medical bills, lost wages, and property damage costs. Simply put, a survival action allows the estate to recover damages the decedent might have received in a lawsuit had the accident not resulted in their death
Its important for a lawyer who represents families who have lost a loved one to understand the difference between wrongful death and survival claims, and it is also helpful if they have some knowledge of the probate process, and what is required to establish a decedent’s estate.