Collin County Survival Action Lawyer

Survival Actions Versus Wrongful Death Claims

The simplest way to differentiate between survival actions and wrongful death claims is based on the party or parties who are meant to benefit from each type of case. Survival actions are meant to recover compensation on behalf of a decedent’s estate, while wrongful death claims seek restitution on behalf of a deceased person’s surviving family members.

Since both types of cases stem from accidents borne of another party’s negligence, any situation that would give rise to a survival action would also give rise to a wrongful death lawsuit. So long as the decedent would have been able to pursue personal injury litigation for their damages had they survived the accident in question, that cause of action would “survive” their death and, if applicable, the death of the directly liable party, as per Texas Civil Practice and Remedies Code §71.021.

However, survival actions are only possible if the decedent in question did not immediately die in the course of their fatal accident. In other words, not all wrongful death cases automatically justify survival actions. A local survival action attorney could clarify on a case-by-case basis what legal options may be available to a deceased person’s surviving family members and/or estate representatives.