Texas law allows families to file two types of claims when their loved one’s death was caused by the negligence or wrongdoing of another: wrongful death claims and survival actions. A wrongful death suit is designed to help surviving family members recover damages they have suffered due to the death. They may recover compensation for medical bills, funeral expenses, and the loss of financial support. They may also be able to receive compensation for intangible losses, such as the loss of guidance and companionship. Amounts recovered in a wrongful death suit are paid to the family members.
A survival action, by contrast, is brought by the estate of the deceased person to obtain compensation for losses suffered before death. Money paid through this type of suit goes directly to the estate and then may be passed on to family members or other beneficiaries once the bills of the deceased person are settled.
Damages in a survival action may include amounts for medical bills, lost wages, pain and suffering, and property damage. These are similar to what the deceased person could have filed for in a personal injury lawsuit if the injury had not resulted in death.
In many cases, a family in Wylie may have grounds to seek recovery under both types of lawsuits. A skilled Wylie wrongful death attorney could help families determine which actions are appropriate to file based on their particular situation.