The death of a loved one due to someone else’s negligent act is almost always emotionally and financially draining to those left behind.
As you struggle to pick up the pieces, you may wonder how to pay for medical bills, funeral expenses, and other expenses.
No money can ever replace the loss of a loved one. However, recovering damages in a wrongful death or survival action may help families move forward with their recovery after such a devastating loss.
When someone dies, there are two available causes of action to pursue.
What Is the Difference Between a Wrongful Death vs Survival Action?
One files a wrongful death action for the harm they suffered due to their loved one’s death.
By contrast, a survival action is a lawsuit brought to recover damages for the harm suffered by someone before they died of their injuries.
What Is a Survival Action in Texas?
The Texas Survival Statute permits an estate, heirs, or legal representative to bring a survival action.
Under the statute, a personal injury lawsuit “survives” the death of a person and is pursued in the same manner as an ordinary personal injury lawsuit if the injured person survived their injuries.
A survival action may relate to the cause of the person’s death, or it may be unrelated.
For example, if your loved one survived a car accident a year ago but died of an unrelated heart attack before filing a claim, the estate could seek compensation for the car accident using a survival claim.
What Is the Statute of Limitations for a Survival Action?
The limitations period for a survival action in Texas is the same as for a personal injury action. The statute of limitations for personal injury lawsuits in Texas begins running for two years from the date of the accident.
However, the limitations period tolls for up to one year after the date of death. “Tolling” pauses the statute of limitations from continuing to run.
What Can I Recover in a Survival Action?
The recoverable damages in a survival action are similar to those in a personal injury lawsuit. Survival damages accrue from the time of a decedent’s injuries until their death. These damages may also include funeral or burial expenses.
Survival damages help alleviate the financial burden or medical expenses and other costs incurred before the death of a loved one.
How Is a Wrongful Death Action Different?
A wrongful death action is a lawsuit available to a surviving spouse, children, and parents of a deceased person.
The Texas Wrongful Death Act permits beneficiaries to recover personally for damages they incurred due to the loss of their loved ones.
Wrongful death actions do not allow recovery of injuries sustained to the deceased before their passing. This law strictly limits the recovery of damages to the surviving spouse, children, and parents of the deceased.
What Is the Statute of Limitations for a Wrongful Death Action?
The statute of limitations for wrongful death actions is generally two years after the victim’s death. However, there are exceptions to this general rule.
For example, if a death occurred due to a defective product, the statute of limitations may extend depending on the situation.
Additionally, if a minor child lost their parent, the statute of limitations tolls until the child reaches the age of adulthood.
What Can I Recover in a Wrongful Death Action?
Wrongful death damages seek to compensate the deceased’s spouse, children, or parents for their losses.
Wrongful death damages include the following:
- Lost earning capacity;
- Lost care, maintenance, services, and support from the deceased;
- Emotional distress experienced by surviving family;
- Lost love, companionship, and comfort; and
- Lost inheritance.
Punitive damages may be available in some Texas wrongful death cases; however, one must prove that the death resulted from the willful act or omission or gross negligence of another.
Punitive damages seek to punish and deter future similar conduct.
Contact Us
A family may pursue a wrongful death claim and survival action in Texas. It’s vital to speak to a qualified personal injury attorney about the grounds for both causes of action.
At Armstrong Lee & Baker LLP, we believe that the relationship between our Firm and our clients represents a sacred trust. Our clients are never just a number or another case.
We work tirelessly to help our clients move forward—often from the most difficult and painful moments in their lives.
Wrongful death and survival actions are confusing, expensive, and stressful. We help ease this mental and financial burden and fight for the justice you deserve.
Contact our office today for a free consultation, and find out how we can help you.
C.J. Baker represents victims with serious injuries and has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. C.J. graduated summa cum laude from Texas Tech University School of Law in 2016. He was an editor of the Texas Tech Law Review and a top national trial and moot-court advocate.
Frequently Asked Questions
Absolutely nothing. At Armstrong Lee & Baker LLP, our attorneys work on a contingency fee basis. This means that you owe us nothing unless we win your case, whether that’s in the form of a settlement or a judgment. We offer a free consultation to anyone who thinks they might have a personal injury case.
We suggest speaking with an attorney as soon as possible after your injury. Something to keep in mind is that all personal injury cases need evidence, and that evidence often degrades over time. As a result, many jurisdictions have a strict statute of limitations (or time limit) for filing a claim. In Texas, most victims have only two years from the date of injury to file, so it is important to start building your case immediately.
In the state of Texas, employers have the option of filing for workers’ compensation insurance. This policy covers them in case an employee suffers an injury on the job. However, some employers choose to be non-subscribers, which means they opt out of this coverage and lose certain legal protections. This means that if an injured employee sues them after a work injury, they may end up paying more damages. In addition, they may be liable for pain and suffering, punitive damages, and medical benefits. Learn more about non-subscriber injuries here.
The Texas Department of Insurance (TDI) keeps track of employers that report their non-subscriber status. Currently, you can find a spreadsheet of every reported non-subscriber business in Texas under TDI’s workers’ compensation insurance coverage verification page. This includes the business address, business name, and filing dates. Learn more here.
There are a few different ways to manage your bills while waiting for your case to settle. For medical treatment, it is common to arrange a lien with the doctor’s office or hospital. A medical lien is essentially an agreement to pay back your treatment costs with a portion of your potential settlement. Another option for miscellaneous bills, such as rent, utilities, or other essential expenses, is lawsuit funding. Much like a lien, you pay these loans back with a portion of your settlement or judgment. However, these loans have high interest rates and fees, so be sure to discuss this option with your attorney.